20 min
How Did the Outcome of the Claimant's Benefits Reinstatement Impact the Court's Decision on Legal Fees? ERISA Disability and Life Insurance Litigation
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- Business
The claimant appealed the district court's decision to deny his motion for attorney's fees under ERISA after Unum Life Insurance Company of America terminated his long-term disability benefits.
The claimant argued he deserved to have his legal fees paid because he somewhat succeeded in his case due to causing a change, a concept known as the "catalyst theory."
However, the court didn't agree with him.
The court looked at several factors to decide whether he should get these fees, including whether Unum (the insurance company) acted badly or in bad faith, whether Unum could afford to pay the fees, if paying the fees would prevent Unum from acting similarly in the future, the importance of the legal issue regarding the law known as ERISA, and how strong each side's case was.
This is the oral argument in the 9th circuit court of appeals.
These public domain recordings are brought to you by Ben Glass Law, a national long term disability and life insurance firm headquartered in Fairfax, VA.
By making these recordings into a "podcast," we've made the listening easier for claimants, attorneys and claims adjusters alike.
If long term disability or life insurance benefits have been denied, we'd love to review your denial letter and give you a strategy for moving forward. This is a free service and you can go here to begin submitting your denial letter.
The claimant appealed the district court's decision to deny his motion for attorney's fees under ERISA after Unum Life Insurance Company of America terminated his long-term disability benefits.
The claimant argued he deserved to have his legal fees paid because he somewhat succeeded in his case due to causing a change, a concept known as the "catalyst theory."
However, the court didn't agree with him.
The court looked at several factors to decide whether he should get these fees, including whether Unum (the insurance company) acted badly or in bad faith, whether Unum could afford to pay the fees, if paying the fees would prevent Unum from acting similarly in the future, the importance of the legal issue regarding the law known as ERISA, and how strong each side's case was.
This is the oral argument in the 9th circuit court of appeals.
These public domain recordings are brought to you by Ben Glass Law, a national long term disability and life insurance firm headquartered in Fairfax, VA.
By making these recordings into a "podcast," we've made the listening easier for claimants, attorneys and claims adjusters alike.
If long term disability or life insurance benefits have been denied, we'd love to review your denial letter and give you a strategy for moving forward. This is a free service and you can go here to begin submitting your denial letter.
20 min