In an ERISA action for wrongful denial of long term disability benefits, United States Magistrate Monte C. Richardson, granted our client’s Motion to compel certain documents and response to interrogatories. Specifically, Judge Richardson ruled that the requested claims evaluation guidelines and training material is directly relevant to whether proper procedures were followed in compiling the record in the instant case, as well as necessary to determining the accuracy of the instant claim. Additionally, the court found that information relating to compensation, bonuses, and awards may be relevant to the existence and extent of a conflict of interest. Finally the court ordered Prudential to produce the servicing agreement between Prudential and MLS Medical Evaluation Services, Inc. in effect at the time of the review of Plaintiff’s claim reasoning that this information is relevant to existence and extent of a conflict of interest or bias. This is great news for Plaintiff with ERISA long term disability claim who are often not allowed any discovery into the insurance comapny’s decions making. The full decision can be found at Sarah B. Grams v. American Medical Instruments Holdings and The Prudential Insurance Company of America, 2009 WL 2926844 (M.D.Fla.)
