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The Disability Wiki

Welcome!  The Disability Wiki is an internet-based resource that addresses in one place your questions and concerns about disability benefits, disability insurers, your illness, your occupation, and filing a claim, appeal or litigation.  In other words, a "Wikipedia" for disability claims.  If you would like to automatically receive new posts, please subscribe below.

 

 

Category: Litigation

Riemer Convinces Court to Award Wide-Ranging Discovery against Hartford

News Litigation Hartford Discovery Insurers

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’s inherent conflict of interest. Rejecting Hartford’s claims of confidentiality and burdensomeness, the Court ordered Hartford to respond to plaintiff’s interrogatories and document demands, including the full production of Hartford’s BMS Claims Manual and SIU Reference Manual. The Court also rejected Hartford’s claim that documents held by its consulting firms Medical Advisory Group and University Disability Consortium were not within its “possession, custody or control.”
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:

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Riemer Details the MetLife v. Glenn Paradigm Shift

News Litigation Insurers MetLife

On November 3, 2008, Riemer & Associates appeared as Panelists at the NY, NJ and CT Regional Conference of the College of Labor & Employment Lawyers. The College is a non-profit professional association honoring the leading lawyers nationwide in the practice of labor and employment law. The team highlighted four paradigm shifts in ERISA law as a result of the Supreme Court's recent case MetLife v. Glenn:

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MetLife v. Glenn: Will it Help or Hurt?

Litigation

We believe that the MetLife v. Glenn standard of review may turn out to be better for plaintiffs than the de novo standard of review. This is because a de novo review focuses exclusively on the evidence of New York Disability Lawyer, whereas the Glenn standard also focuses on an insurer’s conduct. In MetLife v. Glenn, the Supreme Court upheld a "combination-of-factors method of review." Under such a standard, "any one factor (even the insurer's inherent conflict of interest) will act as a tiebreaker when the other factors are closely balanced."

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Multiple Sclerosis Society (NYC Chapter) files Amicus Brief in MetLife v. Glenn

News Litigation MetLife

On March 27, 2008, Scott M. Riemer filed an amicus brief on behalf of the NYC Chapter of the National Multiple Sclerosis Society Disability Lawyer New York in the case of MetLife v. Glenn, now pending in the U.S. Supreme Court and waiting for oral argument on April 23, 2008. The brief of the Chapter was proudly filed on a pro bono basis by Riemer & Associates, LLC and Jonathan Feigenbaum.

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Consequential Damages Now Available in New York

News Litigation Consequential Damages

New York has always been a regressive State for insurance claims. Not any more. On February 19, 2008, New York's highest Court issued a decision in Bi-Economy Market, Inc. v. Harleysville Ins. Co. of New York that dramatically changed the legal landscape. An insured can now assert a claim against an Insurance Lawyer New York company for violation of an implied covenant of good faith and fair dealing. Therefore, if an insured can establish that the insurance company denial was in bad faith or that there was no reasonable basis for the denial, the insured can recover not only the insurance benefits at issue, but also reasonably foreseeable damages.

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