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Questions and Answers about COBRA
In Missouri, standard is preponderance of the evidence for insurance defenses; no error in not instructing jury of clear and convincing evidence standard
State's decision to fund health insurance programs for state employees at a different level than it funded the program for teachers had a rational basis and did not violate the teachers' equal protection or due process rights.
Denial of plaintiff's claim for benefits is affirmed where the plan administrator did not abuse its discretion in concluding that plaintiff did not qualify for medical benefits to cover his deep vein thrombosis treatment.
Plaintiff's amended complaint makes no allegation of conduct which occurred during policy period, therefore Summary Judgment in favor of insurer is proper
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Oral cancellation of life insurance policy did not relieve the insurer of the statutory duty to provide a 31-day grace period after policy lapse (pdf doc.)
Defendant's intentional acts of criminal sexual molestation, committed while assisting at his parent's daycare, were excluded from coverage under defendant's Homeowner's Policy.
Insurance exclusion for battery will not stand up when person committing crime found to be not guilty by reason of insanity, therefore, not having the intent required of battery
The district court properly concluded that plaintiff-corporation was not entitled to coverage under its insurance policy with defendant for its losses as a result of a lawsuit filed against it as an entity.
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Denial of plaintiff's claim for benefits is reversed where defendant-insurer's litigating position concerning the proper interpretation of the policy phrase "accidental bodily injury" is fundamentally inconsistent with its stated basis for denying the claim during the administrative process.
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Information and resources about long-term disability insurance, chosing an attorney to assist you with a claim and choosing a long-term disability carrier
In an insurance coverage dispute, the damages sustained by plaintiff, caused by power outages that delayed the manufacture of goods, are not covered under the business interruption provisions of the parties' insurance policy.
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Denial of plaintiff's applications for disability insurance benefits and supplemental security income is reversed where the administrative law judge failed to give controlling weight to the treating psychiatrist's opinion and improperly rejected the psychiatrist's Medical Source Statement.
In an insurance dispute, judgment as a matter of law in favor of defendant is reversed where the district court incorrectly held that plaintiff-insurance company had no duty to indemnify their destroyed property.
In an insurance coverage dispute, the district court properly determined that plaintiff-insurer owed a defense for a lawsuit filed against defendant-insured by a third party for alleged violations of the Telephone Consumer Protection Act.