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Bifurcated Trials: A Road Map for Better Results for Insurers Facing ERISA Disability Claim Litigation
Thompson Coburn Link to more items from this source
Aug. 31, 2018
"[E]ven if an insurer incorrectly denied an insured's claim, it does not necessarily follow that the insured has continued to be disabled through the date of trial. Thus, a jury must determine not only if an insured was disabled when an insurer denied his or her claim, but also whether the insured remained continuously disabled from the date of that denial through the date of trial.... Insurance counsel, however, frequently allow these two time periods to conflate so that when deciding whether an insurer erroneously denied a claim, jurors are allowed to consider evidence that did not even exist at the time of the claim denial. This is a mistake."

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