Discussion Board

:: Claims Manual Policies Rejected As Irrelevant In Disability Offset Case

n my view, whether the claims manual was part of the administrative record, or whether it guided the internal decision-making of UNUM’s claims adjusters, is immaterial to resolution of the dispute before me. There is no dispute the claims manual is not part of the disability policy. There is no provision in the disability policy …

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:: District Court Opinion Provides Additional Analysis Of Post-Sereboff Counterclaims

Finally, defendant has moved for summary judgment on its counterclaim seeking reimbursement for certain overpayments of the initial short term disability benefits. Plaintiff admits that the overpayments were made, but argues that defendant’s claim is subject to exhaustion. Although there is little support for plaintiff’s argument, there is a more fundamental problem with the counterclaim. …

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