3rd. Circ. Upholds Worker's CUNA Disability Coverage

Law360, New York (May 26, 2011, 7:52 PM EDT) -- The Third Circuit on Thursday upheld a lower court's interpretation of “total disability” that allowed a former Union Railroad Co. worker to continue to receive disability benefits from CUNA Mutual Insurance Society even after being cleared to perform another job.

A three-judge panel held that CUNA's definition of total disability in its credit disability insurance policy — which the insurer claimed created a shift from an “own occupation” definition of disability to an “any occupation” definition after 12 months — was ambiguous because it could be...
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