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Ninth Circuit Requires Lower Court to Consider New Evidence in LTD Suit
The Wagner Law Group Link to more items from this source
Sept. 28, 2022

"[T]he Ninth Circuit determined that the district court abused its discretion by denying the employee's motion to augment the record with additional evidence to refute the insurer's rationale for denial.... The Ninth Circuit also concluded that both the insurer and the district court erroneously redefined the employee's own occupation ... The court noted that ... the insurer was nonetheless required to evaluate what the employee actually did before it determined the essential duties of her occupation." [Kay v. Hartford Life and Accident Ins. Co., No. 21-55463 (9th Cir. Sept. 21, 2022; unpub.)]

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