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In the case of Michael J. Pacquin v. Prudential Insurance Company of America, Plaintiff Pacquin, a Business Development Director for Transistor Devices, Inc. (TDI), was infected with the West Nile Virus in 2003. As a result, he contracted encephalitis and sustained brain damage. This left him with cognitive difficulties that made it impossible for him to continue his employment.

He was covered under a disability insurance policy which provided him benefits for the first 24 months when he was disabled from working in his regular occupation. After that, in order to qualify for benefits, he had to show that he was disabled from working in any occupation for which he was reasonably qualified.Continue Reading Court Orders Prudential to Reinstate Long Term Disability Benefits

Cigna attempted to deny lifetime disability benefits for a claimant suffering from a psychiatric organic brain disorder, but the district court of Colorado disagreed. Following a remand from the court of appeals, which ruled the district court had erred by considering evidence outside the “administrative record,” the district court nonetheless reaffirmed its ruling in plaintiff’s favor after carefully considering all of the evidence in the record and analyzing each of the medical opinions presented.
Continue Reading CIGNA’S Attempt To Limit Claimant To A Maximum Of 2 Years Of Long-Term Disability Benefits Limitation For An Organic Brain Disorder Such As Bi-Polar Is Reversed By The District Court