ERISA Long Term Disability Case Citations and references

DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

Sun life loses rheumatoid arthritis case

Sun Life loses rheumatoid arthritis case.

A Federal court in Kentucky ruled that Sun life of Canada had abused its discretion in denying benefits to a rheumatoid arthritis sufferer.

The court pointed to a favorable social security disability determination and found that since the insurer had encouraged the plaintiff's application it could not simply ignore the award of benefits.

The court also was critical of the insurance company's reliance on a file review rather than an examination. The court pointed out that the insurance company could have obtained an independent medical examination to to evaluate the complaints of pain. The court also easily dismissed the insurance company's argument that since the medical records did not show the presence of swelling or joint erosion the claimant could not have been suffering pain.

The case is Costello versus Sun life of Canada and it was decided October 14, 2009