Sample Cases

/Sample Cases
Sample Cases2018-10-16T17:48:46+00:00
  • 01

    Client v. Prudential Life Ins. Co.

    Accidental Death & Dismemberment, ERISA

    Man with 22 year work history as commercial airplane mechanic injured in explosion at work for Delta. His doctors felt he had a traumatic brain injury causing total, permanent disability. Prudential and Delta’s workers compensation carrier relied on non-treating doctors who accused the client of exaggerating and malingering. We arranged a battery of very sophisticated testing which objectively confirmed a brain injury resulting in serious and permanent cognitive deficits. We also uncovered emerging medical literature on the unique nature of brain injury from explosive blasts, working alongside renowned experts at the famed Shepherd Center in Atlanta. Compiling all this and other information, recovered more than $950,000 in AD&D benefits for client in less than 6 months.

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  • 02

    Life Insurance Trusts v. Indianapolis Life Insurance Company

    Life Insurance, Bad Faith

    This case involved the pre-suit settlement of several life insurance claims for $6,500,000.00, over 93% of the value of the policies. The Insurer wrote $7,000,000.00 in coverage on an 80 year old man with a history of bladder cancer, longstanding high blood pressure and a first degree atrioventricular block. The insured died less than two years after becoming insured, and the insurer denied the family’s claims, asserting that the deceased had not disclosed important information about his cardiac history on his policy applications. Counsel developed expert proof demonstrating that the insured had in fact disclosed everything of which he was aware, that the insurance company knew everything it needed to know to make its underwriting decision, and that its asserted defense was illegal. After considering counsel’s demand for reconsideration, the insurer settled the claims out of court for $6,500,000.00.

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  • 03

    Anthony v. Aetna Life Insurance Company

    ERISA Long Term Disability | U.S. District Court for the Northern District of Georgia

    This disability case involved a rare middle ear condition known as “endolymphatic hydrops,” a precursor to Meniere’s disease. This condition causes balance problems, nausea and sensitivity to pressure changes. The firm assisted in developing persuasive medical evidence, including additional testing for the plaintiff, which explained his diagnosis, exactly how it arose, and how it was disabling. Although the insurer’s medical consultants asserted Mr. Anthony was not disabled, counsel proved serious flaws in their methodology and reasoning. At the conclusion of discovery the case went to mediation and settled on confidential terms.

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  • 04

    Cheal v. Life Insurance Company of North America

    ERISA Long Term Disability | U.S. District Court for the Northern District of Georgia

    This was a fairly straightforward claim for disability benefits, but before the case settled it yielded a reported decision generally helpful to ERISA claimants in this jurisdiction. Over the insurer’s objection, Judge Thrash held that the insurer could be held liable for statutory penalties for failing to produce documents despite not bet being the named “plan administrator.” The order also confirmed that our ERISA clients are was entitled to prejudgment interest on wrongfully denied benefits.

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  • 05

    Doe v. Metropolitan Life Insurance Co.

    Private Long Term Disability and Insurance Bad Faith | U.S. District Court for the Northern District of Georgia

    Our client was a former family practice doctor disabled by chemical dependency, who also became blind in one eye after his disability started. Client’s submissions to the insurer did not address his blindness. We filed suit, and asked the insurer to re-evaluate its position in light of the client’s vision problems. The case eventually settled confidentially.

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  • 06

    Disabled Attorney v. Standard Insurance Co.

    ERISA Long Term Disability

    Our client graduated first in his class from a highly respected private law school. After practicing successfully for more than twenty years he suffered a “mild” traumatic brain injury when his car was rear-ended by a speeding car. He became unable to handle the cognitive and emotional demands of his sophisticated law practice. Standard denied the claim asserting his disability was caused by a preexisting, and previously well controlled bipolar disorder. We developed a massive body of evidence concerning the cause of disability, then filed suit in federal court. After obtaining two important favorable rulings from the judge, obtained a favorable settlement of past and future benefits.

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  • 07

    Tippitt V. Reliance Standard Life Ins. Co.

    ERISA Long Term Disability

    This case resulted in a favorable reported decision from the Eleventh Circuit Court of Appeals. The Court rejected a reading of disability policies which would unfairly deny a broad class of claims, and adopted a more practical, realistic analysis of competitive employment for analyzing disability claims.

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