Nebraska Supreme Court rejects "ERISA" standards when it reversed summary judgment ruling that went against disability insurance recipient.

Sweem v. American Fidelity Life Assurance Co., S-06-870

The Douglas County District Court refused to admit plaintiff's evidence that she was still disabled after the disability insurer cut her off because she had not given this information to the insurer before it decided to end her benefits. Nebraska Supreme Court rejects the defendant's suggestion that plaintiff should have provided her evidence of continued disability before the insurer made its decision to terminate benefits as ERISA plan insurers often require."We discern no good reason to apply ERISA principles to this common-law action to recover benefits claimed due under an insurance policy, and American Fidelity directs us to no other state court decision which has done so."