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Winning Tactic on Summary Judgment to Prove Claimant Received the Policy: Get Key Evidence into the Administrative Record
Lane Powell PC Link to more items from this source
Feb. 22, 2017
"To prove delivery of the policy (from four years earlier), Lincoln National included in the administrative record a declaration outlining the delivery practices for this type of policy.... Including the declaration in the administrative record was a winning strategy because the court applied the 'abuse of discretion' standard, rather than a Rule 56 'genuine dispute of fact' standard, where dispute of facts would have to be construed in favor of the nonmoving party." [Sliwa v. Lincoln National Life Ins. Co., No. 13-1433 (D. Nev. Feb. 8, 2017)]

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