On August 5, 2013, Riemer Hess won a landmark victory in McDonnell v. First Unum Life Ins. Co., 2013 U.S. Dist. LEXIS 110361 (S.D.N.Y. August 5, 2013).
For a copy, click here: Download file

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On August 5, 2013, Riemer Hess won a landmark victory in McDonnell v. First Unum Life Ins. Co., 2013 U.S. Dist. LEXIS 110361 (S.D.N.Y. August 5, 2013).
For a copy, click here: Download file
Litigation News Success Stories Insurers Sun Life Attorneys Fees Prejudgment Interest
On July 24, 2013, Riemer Hess prevailed in a long-standing dispute over attorneys鈥 fees in Levitian v. Sun Life and Health Insurance Company (U.S.), 2013 U.S. Dist. LEXIS 105686 (S.D.N.Y. July 24, 2013).
On August 28, 2012, the federal court in Manhattan held that de novo is the appropriate standard of judicial review for New York disability lawyer insurance claims denied by Prudential Insurance Company. This ruling is the first of its kind within the Second Circuit. The decision effectively makes it more difficult for Prudential to deny valid disability claims brought by disabled individuals in New York.
Litigation News Success Stories Insurers Attorneys Fees CIGNA
On August 5, 2009, the Federal District Court in New York City ordered INA Life Insurance Company of New York, a subsidiary of CIGNA, to pay our client $180,466.60 in attorney fees. This award follows a battle for long term Attorney Lawyer New York disability benefits, where the Court found that CIGNA's denial of long term disability benefits was arbitrary and capricious.
In Jacoby v. Hartford, 254 F.R.D. 477 (S.D.N.Y. 2009), the Federal District in New York City ordered Hartford to produce thousands of pages of documents pertaining to Hartford鈥檚 inherent conflict of interest. Rejecting Hartford鈥檚 claims of confidentiality and burdensomeness, the Court ordered Hartford to respond to plaintiff鈥檚 interrogatories and document demands, including the full production of Hartford鈥檚 BMS Claims Manual and SIU Reference Manual. The Court also rejected Hartford鈥檚 claim that documents held by its consulting firms Medical Advisory Group and University Disability Consortium were not within its 鈥減ossession, custody or control.鈥
This decision is a valuable precedent because it provides a possible solution to the dilemma of being whipsawed between the insurance company and its consultants. When seeking documents, each entity claims that the other has the sole duty of producing the requested documents. In this case, the Court rejected Hartford's assertion that the documents held by its consultants, Medical Advisory Group and University Disability Consortium were outside Hartford's control. The Court ordered Hartford to use its influence with its consultants to obtain the requested documents. The Court held:
糖心直播 is a national disability insurance law firm based in New York City. Our practice centers on long term disability and individual disability insurance claims for claimants and plaintiffs, including ERISA group LTD policies and private IDI policies. We also handle select long term care and life insurance matters where our insurance claim experience can help protect clients鈥 rights to benefits.
For over 30 years, we鈥檝e represented professionals and executives nationwide in disability insurance claims, appeals, litigation, and benefit protection. We鈥檝e litigated more ERISA disability cases in the Southern District of New York than any other plaintiff鈥檚 LTD firm, and our attorneys authored ERISA Disability Claims and Litigation, a legal textbook published by James Publishing.
We are Preferred Attorneys to the Brain Injury Association of America and have handled over 100 traumatic brain injury long term disability matters. We regularly represent clients with TBI, neurological disorders, complex spinal conditions, chronic pain, and other serious medical conditions affecting cognition, mobility, stamina, pain levels, and the ability to sustain work.
We also collaborate with disability and health advocacy organizations, including the U.S. Pain Foundation, to provide educational resources on chronic pain and disability insurance claims.
Clients trust us for our empathy, responsiveness, legal skill, and focused experience in LTD and IDI insurance claims.
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Prior results do not guarantee future outcomes. Nothing on this website constitutes legal advice.