· 5/12/2000
Paul Shapiro, Plaintiff-Appellee-Cross-Appellant v. Berkshire Life Insurance Company, Appellant-Cross-Appellee
Citations
- 212 F.3d 121
- 24 Employee Benefits Cas. (BNA) 1749
- 2000 U.S. App. LEXIS 9876
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- denying motion to dismiss § 349 claim where insured alleged that defendant sold insurance it never intended to provide
- finding disabled dentist’s office administration work “incidental to his material and substantial duties as a full time dentist”
- selling insurance an insurer does not intend to provide may be deceptive under § 349
- selling insurance an insurer does not intend to provide may be deceptive under § 349
- affirming a district court’s ruling that the petitioner was occupied as a dentist, not as a medical administrator, where he spent over 90% of his own time seeing patients and administrative duties were peripheral to his dentistry duties
- finding insufficient allegations of deceptive conduct where plaintiff claimed that the defendant insurance company failed to perform a sufficient investigation of a disability claim before denying it, and stating, “an insurer’s denial of a claim is not deceptive simply because it is mistaken”
Source: CourtListener parenthetical corpus (CC0).
Judges: Jacobs, Leval, Sack
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.