Case Results

Check out the latest case results from our New York and New Jersey disability lawyer.

Several articles are available with more detail in a PDF file format (To view these on your computer you may need Adobe’s Acrobat Reader.)

• McCann v. Unum Provident 907 F.3d 130 (3d Cir. 2018);

• Durgin v Blue Cross & Blue Shield 353 Fed. Appx 538 (2d Cir. 2009);

• Prudential Insurance Co. v. Pryor 336 Fed. Appx 232 (3d Cir. 2009);

• Barnes v. American International Life Assurance Co. 681 F. Supp 2d 513 (SDNY 2010);

• Barnes v. American International Life Assurance Co. 2010 WL 1253742 (SDNY 2010);

• American General Life Insurance Co. v. Mi Ja Jae 2010 U.S. Dist. LEXIS 75857 (D. NJ 2010);

• Soltysiak v. Unum Provident Corporation/ The Paul Revere Company 531 F. Supp 2d 816 (WD Mi 2008);

• Soltysiak v. Unum Provident Corp. 480 F. Supp 2d 970 (WD Mi 2007);

• Soltysiak v. Unum Provident Corp. 2006 WL 2884461 (WD Mi 2006);

• Teague v. Bakker 35 F. 3d 978 (4th Cir. 1994);

Case: McCann v. Unum Provident
Date: 10/05/18
Conclusion: In an ERISA long-term disability claim dispute, the court found that Provident incorrectly defined plaintiff’s occupation in administering his disability claim and that the claim must be evaluated in the context of his specialty. The Unites States Court of Appeals for the Third Circuit reversed the the trial count and remanded back to the lower court to consider whether the plaintiff’s medical conditions prevent him from being able to perform his “substantial and material duties” of this properly defined “own occupation”, as required by the terms of the policy.