Another Hard Fought Win under ERISA
- posted: Apr. 28, 2017
Mason v. Reliance Standard (U.S.Dist.Crt. Colo. 2016 and 2017)
An ERISA long term disability case, in which we obtained a remand for our client (in a remand, the Court orders to defendant-insurance company to conduct a new analysis, and to correct errors in its analysis). Our client was suffered from end-stage liver disease and cancer. His long term disability insurance company denied his claim, arguing he was not continuously disabled. We challenged the decision arguing that the defense: 1. misinterpreted the polcy; 2. had mischaracterized our client's occupation; and 3. relied on a flawed medical analysis. The Court agreed, and ordered the defense to provide our client with a new review. When the insurance company denied the claim a second time, we went back to Court and argued the insurance company had not fully and in good faith complied with the Court's order. The Court agreed again. These 2 cases are an excellent example of how important it is to have good legal representation throughout the ERISA claim process, and for both the client (and lawyer) to stick with it to the end!