Discovery in Long Term Disability Insurance claims-the door opens a little wider
For years, long term disability insurance claimant's were prevented from conducting even the most basic discovery. The court's having basically accepted the disability insurer's arguments that they could only examine the records that the disability insurer reviewed in making the claims decision. However, that approach has changed since the Metlife v Glenn decision.
A recent decision issued by the US District Court in Detroit illustrates perfectly the subtle shift now taking place where the Court allowed plaintiff to actually depose the two physicians relied upon by the Standard Insurance Company to deny plaintiff's claim for long term disability benefits.
Plaintiff's counsel discovered that one of the physicians, Dr. Dickerson had been used over and over again to terminate disability benefit claims. A simple search of the case law provided at least a dozen other cases in which Standard used this expert. Counsel for plaintiff astutely asked:
