In a stunning turn of events, a divided Ninth Circuit panel has resurrected nurse Kayle Flores’ legal saga, breathing new life into her quest for long-term disability (LTD) benefits. The panel, defying prior expectations, reinstated Flores’ lawsuit against Life Insurance Company of North America (LINA), accusing the insurer of unjustly denying her rightful benefits.
Dueling Lawsuits: Short-Term Triumph Fuels Long-Term Fight
In an intricate legal dance, Flores initially sought short-term disability benefits in 2018, battling Cushing’s syndrome, a condition causing abnormal weight gain. Although she secured victory for short-term benefits in a trial against LINA, the plot thickened as her bid for long-term benefits faced a setback. The trial court insisted she failed to meet LINA’s proof-of-loss provision, a critical requirement for LTD benefits.
9th Circ. Revives Nurse’s Disability Benefits Suit: Flores’ Strategic Maneuver
Undeterred, Flores, determined to navigate the labyrinth of insurance intricacies, sought LTD benefits after rectifying her alleged missteps. The majority of the Ninth Circuit panel applauded her diligence, asserting that her second lawsuit didn’t stem from the same facts as the first, paving the way for a legal resurrection.
Dissenting Voices: A Legal Drama Unfolds
However, dissenting U.S. Circuit Judge Daniel P. Collins voiced vehement opposition, arguing that Flores’ delay in demanding LTD benefits prejudiced LINA’s ability to assess her condition. He contended that the majority’s decision defied both law and logic, asserting that Flores could have challenged the initial ruling instead of initiating a new legal battle.
9th Circ. Revives Nurse’s Disability Benefits Suit : A Legal Odyssey Unfurls
Robert J. McKennon, Flores’ legal champion, expressed satisfaction with the Ninth Circuit’s decision, emphasizing its fundamental fairness to his client. McKennon lauded the majority’s recognition that Flores’ cause of action for LTD benefits arose post her initial litigation, averting an unjust stripping of her right to pursue disability claims.
What Lies Ahead: A Battle for Justice
As the legal stage is set for a dramatic showdown, McKennon anticipates further advocacy for Flores’ LTD benefits. The majority’s poignant observation that an insured’s claim against an insurer crystallizes at the benefit denial promises an enthralling legal battle ahead.
LINA Silent Amidst Legal Storm
Intriguingly, LINA, the opposing force in this legal drama, has maintained radio silence, offering no immediate comment on the Ninth Circuit’s decision. The looming question remains: how will LINA respond to this unexpected plot twist in Flores’ relentless pursuit of justice?
