Invoking Plan’s Pre-Existing Condition Provision Was Not Justified, Judge Says
(February 3, 2016, 11:41 AM EST) -- MADISON, Wis. — Because a disability insurer’s decision to deny long-term disability benefits based on the plan’s pre-existing condition was not substantially justified, a federal judge in Wisconsin on Jan. 29 denied the insurer’s motion for summary judgment and remanded the suit for further administrative proceedings (Robert Kaiser v. United of Omaha Life Insurance Co., d/b/a Mutual of Omaha, et al., No. 14-762, W.D. Wis.; 2016 U.S. Dist. LEXIS 10648).
(Opinion available. Document #17-160208-009Z.)
Robert Kaiser filed suit in the U.S. District Court for the Western...