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Sixth Circuit adopts “but for” test for applying mental illness limitation

By Patrick Begos on December 6, 2016
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In Okuno v. Reliance Standard Life Ins. Co., 836 F.3d 600 (6th Cir. 2016), the court considered the proper interpretation of a mental illness limitation on coverage for disabilities “caused by or contributed to by” mental illness.

In what appears to be an issue of first impression in the Sixth Circuit (except perhaps for an unreported decision), the court held that the mental illness limitation cannot justify termination of benefits if physical ailments alone are sufficient to disable the claimant. The court called this the “but-for” test, in that the limitation applies only if the claimant would not be disabled but for the mental illness. “Thus, an application is not appropriately denied on the basis that a mental or nervous disorder ‘contributes to’ a disabling condition; rather, the effect of an applicant’s physical ailments must be considered separately to satisfy the requirement that review be reasoned and deliberate.”

The court stated that “this reasoning has been widely adopted[,]” citing cases in the Third, Fifth and Ninth Circuits.

Photo of Patrick Begos Patrick Begos

Mr. Begos has nearly 30 years of commercial and insurance litigation, arbitration, mediation and negotiation experience, representing companies and individuals in a wide array of industries. He has a national reputation in handling litigation under the Employee Retirement Income Security Act (ERISA) and…

Mr. Begos has nearly 30 years of commercial and insurance litigation, arbitration, mediation and negotiation experience, representing companies and individuals in a wide array of industries. He has a national reputation in handling litigation under the Employee Retirement Income Security Act (ERISA) and, in particular, denial of group benefits claims. Mr. Begos has litigated hundreds of ERISA cases and has been involved in shaping the development of ERISA law across the country. He is a regular speaker at ERISA and insurance conferences around the country and has written extensively for various nationwide publications. Read his full rc.com bio here.

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  • Posted in:
    Insurance
  • Organization:
    Robinson & Cole LLP

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