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· 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 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.