Our client was an Office Manager for Edward Jones and required back surgery. When her recovery from surgery did not progress as anticipated, she underwent Neurological testing, which revealed that she suffered from Parkinson’s Disease. When she advised Continental Casualty that she would not be able to return to work as previously anticipated, the insurer refused to pay further benefits. Hartford Insurance Company then assumed the obligations under the Policy and had our client’s records reviewed by a medical reviewing service that it routinely uses. Kantor & Kantor, LLP successfully tried this action and the trial court found that Hartford erroneously evaluated plaintiff’s disability, using a “sedentary occupation” standard when the insurance policy only required that one be disabled from their own occupation. Rorabaugh v. Continental Cas. Co ., 2006 WL 4384712 (C.D., Cal, 2006)
Hartford then appealed the trial court’s verdict and the Ninth Circuit upheld the decision in favor of our client. Our client was awarded benefits from August, 2005 to the present.Rorabaugh v. Continental Casualty Company , 321 Fed. Appx. 708, 2009 WL 979885 (9th Cir., 2009).
