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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 
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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