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Text of Sixth Circuit Opinion: Insurer's Repeated Failure to Provide Full and Fair Indicates Claim Decision Was Arbitrary and Capricious (PDF)
U.S. Court of Appeals for the Sixth Circuit Link to more items from this source
Aug. 24, 2014
"United's refusal to give Janie's benefits claim a fair review not once, not twice, but three times -- in spite of clear instructions from the district court -- casts a pall over United's handling of the claim from the start.... If a decision to deny benefits could never be arbitrary and capricious when backed by the insurer's reviewing physicians, court review would be for naught. The insurer would invariably prevail so long as the insurer had physicians on its staff willing to confirm its coverage rulings. That also does not make sense." [Butler v. United Healthcare of Tennessee, No. 13-6446 (6th Cir. Aug. 22, 2014)]

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