Select cases from the Eleventh Circuit Court of Appeals. This is the federal appeals court in Ralph Losey's jurisdiction and includes all appeals originating from district courts in Florida. Variety Children's Hosp. This case discusses the standard of review in a disability denial. Morstein v. National Ins.
Case considers the sticky issue of the relation between the preemption and fraud doctrines.
Florence Nightingale Nursing Service v. Further, the Court ruled that an employer is not an insurers' agent for purposes of administering group insurance policies, and so notice to the employer of a claim will not be considered notice to the insurer. In this case the insurer denied a disability claim because it was filed too late, that is, outside the time limits set by the policy. The claimant, John Ward, argued that California law applied to prevent an insurer from making a denial on this basis unless actual prejudice is shown to have been caused by the late filing. This rule of law is found in many states.