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A federal district judge in Mississippi undertook the painstaking steps of collecting and documenting Reliance Standard’s long history of abusive claims practices in disability claims.   The expansive decision of Nichols v. Reliance Standard Life Ins. Co., No. 3:17-CV-42-CWR-FKB, 2018 WL 3213618 (S.D. Miss., June 29, 2018), contains hundreds of citations of cases where reviewing courts have found a long history of improper practices on the part of Reliance Standard in the ERISA benefits context.

With respect to relief, the district court ordered Reliance Standard to pay full past due benefits to the disabled claimant and instated the payment of future benefits.

The district court identified common themes and patterns known to lawyers who litigate against Reliance Standard – biased experts, disingenuous denials, inconsistencies, and reckless indifference in evaluating the medical claims of its insured.

The district court, realizing the limits of ERISA, did point out that perhaps further case law will expand the remedies available to disability claimants against insurance companies like Reliance. The district court explained:

Many courts have, after recounting Reliance’s abuses, ordered the insurer to pay benefits and attorney’s fees. Apparently, these costs have not caused Reliance to change course, as it has spent decades ignoring them with impunity—perhaps treating them as the price of doing business. In future cases, courts may be asked to order further relief to curb Reliance’s perceived abuses. That relief can be quite broad. (Id. at *10).

The district court in Nichols appeared to give serious consideration to the Supreme Court’s observations in Metro. Life Ins. Co. v. Glenn, 554 U.S. 105 (2008), that an insurer’s history of claims abuses should be given greater weight when evaluating a determination under the abuse of discretion standard. Id. at 117.  (“The conflict of interest at issue here, for example, should prove more important (perhaps of great importance) where circumstances suggest a higher likelihood that it affected the benefits decision, including, but not limited to, cases where an insurance company administrator has a history of biased claims administration.”)