· 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 CourtListenerSourced 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.