The extreme importance of the physician’s role in disability insurance claims is highlighted in a recent Second Circuit case which is receiving great notice because of its clarification of the Supreme Court ruling in Glenn v Metropolitan Life Insurance Company, 128 S.Ct. 2343 (2008).
The Second Circuit in McCauley v. First Unum Life Insurance Company, et al., 551 F. 3d 126 ( 2nd Cir. 2008), clarified the meaning of the Glenn decision by taking a much harder look at the claims decisions by a conflicted plan administrator which both reviews and pays a disability long-term income insurance claim. This is a most important decision in ERISA law and will be written about for many months to come.
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