Residential Treatment Class, Insurer Battle Over Record In Post-Briefing Letters

Mealey's (June 23, 2021, 12:45 PM EDT) -- SAN FRANCISCO — A class on June 21 filed a post-briefing letter arguing that the appellant in an Employee Retirement Income Security Act case involving insurance coverage for residential treatment misrepresented the record on the question of causation.  But in a June 22 letter, the insurer fired back, calling its citations to the record accurate and calling the class’s filing and attempt at a sur-reply an improper attempt to “spin” the record before the Ninth Circuit U.S. Court of Appeals....