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Case: Health & Welfare Benefits/Disability (D. Minn.)

Aug. 19, 2021, 6:29 PM

An endodontist with degenerative arthritis proved that her disability was due to an “accidental bodily injury” by a preponderance of the evidence, entitling her to lifetime benefits, a federal court in Minnesota ruled, denying Provident Life and Accident Insurance Co. of America’s motion for summary judgment on its claim that benefits were only warranted until she turns 65, under the policy’s “sickness” coverage. An endodontist would not reasonably believe that it was “highly likely” to develop disabling arthritis from the practice of endodontia, the court said, finding an “accident” under ERISA. And there is an “injury,” because an injury for ...