"LINA could have exercised greater care in reviewing the record and applying the literal terms of its Policy to its review of Nozal's claim.... LINA offered to pay Nozal's attorney's fees and costs, but offered her nothing in return for the significant delay and apparent violation of the ERISA plan's administrative review process. Nozal's attorney will not be faulted for rejecting such an offer.... LINA sought an extension to answer the Complaint and ostensibly to continue settlement negotiations, which Nozal granted. However, instead of continuing to negotiate, LINA filed a Rule 12(b)(6) motion to dismiss the entire Complaint and largely ignored the delay in the appeals process." [Nozal v. Allina Health Systems Long-Term Disability Benefit Plan; and Life Insurance Company of North America [LINA], No. 13-2270 (D. Minn. Aug. 15, 2014)]

MORE >>