Skip to main content
· 5/20/2008

McDowell v. Standard Insurance

Citations

  • 555 F. Supp. 2d 1361
  • 2008 U.S. Dist. LEXIS 65213
  • 2008 WL 2184905

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding the insurer’s gross misapplication of ERISA’s tolling provision, which delayed its decision for months, resulted in unacceptable delays, amounting to a failure to follow its plan
  • “In sum, plaintiff is deemed to have exhausted his administrative remedies, and therefore, defendant’s prayer for remand or dismissal on exhaustion grounds is denied.”
  • “[The third-party claims administrator] has unilateral authority to begin tolling an extension period insofar as [the third-party claims administrator] has discretion to determine what ‘necessary’ information is lacking.”
  • “The Court appreciates that in an ideal world,, a disability claim reviewer would have the claimant’s complete medical records before him or her when deciding a claim. However, the regulations clearly contemplate that the clock will be running in less than ideal conditions”

Source: CourtListener parenthetical corpus (CC0).

Judges: Marvin H. Shoob

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.