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Where a defendant insurance company denied a plaintiff radiologist’s claim for long-term disability benefits, the insurer is entitled to summary judgment based on substantial evidence supporting an independent medical examiner’s opinion that the plaintiff has sufficient use of both of her eyes. “Dr. Mary MacNaughton (‘plaintiff’) commenced this action against The Paul Revere Insurance Company ....
Where a plaintiff was awarded summary judgment in an action to recover unpaid benefits, her motion for counsel fees and costs as the prevailing party should be allowed in part and denied in part, as the time spent on discovery motions is not recoverable because the plaintiff lost those motions. “Dr. Mary MacNaughton (‘plaintiff’) filed ....
This month’s Friday Five discusses cases that focus on what information properly constitutes the administrative record before the court on which a decision must be based. One case. ....