United States:
Maskol Obtains Summary Judgment In Maryland For Unum Life Insurance Company
21 May 2019
Wilson Elser Moskowitz Edelman & Dicker LLP
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Cynthia Maskol (Partner-Baltimore) obtained summary judgment in
United States District Court for Maryland on behalf of Unum Life
Insurance Company in a case involving a dispute over entitlement to
a disability benefit governed by ERISA law. In this case, the Court
agreed that Unum's decision − that the insured had failed
to meet her burden of proving that she continued to be disabled, as
defined by the insurance contract − was both reasonable and
supported by substantial evidence. In addition, the Court
specifically rejected plaintiff's arguments and held that the
age of an insured is irrelevant where there is no evidence that she
looked for work but found none available due to her age, and that
the Court properly limits its consideration to facts in the
administrative record for the plaintiff's claim and not
findings from other claims or cases.
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