Linnell v. Crum & Forster Long Term Disability Plan

James D. Oswald

Practice Area: Employee Benefits

Outcome: Long term disability benefits restored

Description: Insurer had terminated LTD benefits after twelve years, based on video surveillance that showed plaintiff gardening and shopping. Court granted judgment restoring benefits, based on arguments that activity was consistent with plaintiff's statements to the insurer, and that patients with disabling chronic fatigue syndrome and fibromyalgia may be able to engage in sporadic physical activity, but are not able to work on a consistent basis.