First Circuit Puts the Kibosh on Standard’s Attempts to Generalize Occupations
In Jane Doe v. Standard Insurance Company, the claimant, an environmental lawyer, filed a claim for LTD benefits. During its review, Standard labeled the claimant’s occupation as “Attorney” and went about denying the claim based upon her supposed ability to perform the duties of an Attorney. The First Circuit rejected Standard’s generalization and held its feet to the fire:
A significant takeaway from this case is to make sure that you emphasize the specialized nature of your profession so that you can argue that your insurer’s generalization of your occupation is arbitrary and capricious if it, as insurers often do, attempt to fit your job title in to a broad generalized category of occupations.
Here is a link to this great decision.