DRI member Kenna L. Mansfield, Jr., of Wells Marble & Hurst PLLC in Jackson, Mississippi, recently obtained full summary judgment on behalf of his client in a case pending before the U.S. District Court for the Southern District of Mississippi. The plaintiff in the case alleged that he was disabled under the terms of two individual disability income policies and that his disability was due, at least in part, to injuries sustained as a result of an accident and multiple surgeries following the accident. Consequently, he sought lifetime benefits under the policies. The insurer had concluded that his ongoing disability was not due to any injury sustained as a result of his accident, but rather was due to degenerative joint disease which is considered a sickness under the policies for which benefits terminated at age 65. After examining the extensive medical evidence put forth in connection with the cross-motions for summary judgment, the court agreed and dismissed the plaintiff’s underlying claim for policy benefits, as well as his claim for punitive damages for alleged bad faith.
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And The Defense Wins Published 3-22-17 by DRI
Kenna L. Mansfield, Jr.