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Court OKs Insurer's Application of Self-Reported Symptom Limit
DeBofsky Sherman Casciari Reynolds P.C.Link to more items from this source
Oct. 12, 2021

"[T]he court of appeals began by finding it reasonable for a disability insurance to require objective proof of functional limitation ... The fact that the self-reported symptom limitation was not raised until more than one year after the 24-month period elapsed should have raised concerns about Unum's determination to apply the limitation.... [It] is troubling that the court here accepted at face value the opinions of non-examining in-house Unum doctors over a host of specialists who examined Professor Ovist and explained their findings." [Ovist v. Unum Life Ins. Co. of Am., No. 20-1464 (1st Cir. Sep. 22, 2021)]

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