· 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 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.