· 4/18/1911
Travelers Insurance Machine Co. v. Travelers Insurance Co.
Citations
- 143 Ky. 216
- 136 S.W. 154
- 1911 Ky. LEXIS 358
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that Dr. Lewis’s review ignored or misstated evidence by treating physicians
- concluding administrator abused discretion when it \essentially disregarded\ plaintiff's history of pain and pain treatment since 2007 and failed to explain why that history was \insufficient to find her unable\ to work
- finding defendant’s failure to disclose conflict-of-interest declarations harmless because “plaintiff had ample time to seek discovery, but did not do so – [thus] she cannot credibly claim prejudice.”
- emphasizing need to consider subjective evidence, as plaintiff complained of “chronic pain syndrome,” a medical condition dependent on patient reports of pain for its diagnosis
- finding defendant’s failure to disclose conflict-of-interest declarations harmless because “plaintiff had ample time to seek discovery, but did not do so — [thus] she cannot credibly claim prejudice.”
- \A plan's denial is arbitrary to the extent that it was based on [a consulting physician's] implicit rejection of [a] Plaintiff's subjective complaints of pain\
Source: CourtListener parenthetical corpus (CC0).
Judges: Lassing
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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