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· 11/19/2009

Montour v. Hartford Life & Accident Insurance

Citations

  • 588 F.3d 623
  • 2009 D.A.R. 16
  • 2009 U.S. App. LEXIS 25537

How courts have described this case

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

  • holding that failing to conduct in person medical evaluations “raises questions about the thoroughness and accuracy of the benefits determination....”
  • holding that “not distinguishing the SSA’s contrary conclusion may indicate a failure to consider relevant evidence.”
  • holding that a “court must consider numerous case-specific factors, including the administrator’s conflict of interest, and reach a decision as to whether discretion has been abused by weighing and balancing those factors together.”
  • stating that the extent of a conflict of interest affects its weight in the overall analysis of whether an abuse of discretion occurred
  • holding that paper review deserves less weight than an independent examination
  • holding administrator abused its discretion in terminating long-term disability benefits to claimant who suffered from acute stress disorder, and back and knee impairments

Source: CourtListener parenthetical corpus (CC0).

Judges: Fletcher, Clifton, Smith

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.