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Young v. Reliance Standard Life Insurance Co.

Court: WD Tx  02/01/2021  Magistrate Recommends Disability Insurer's Motion to Dismiss on Standing and Mootness be Denied

After an insurer under an ERISA plan imposed an offset for disability payments as a result of an insured's settlement with a third-party tortfeasor, the insured filed suit, and subsequently, the insurer withdrew the offset and sought dismissal of the lawsuit based on jurisdictional grounds, but a magistrate of the Western District of Texas found standing was an improper theory and mootness was not established; therefore, the magistrate judge recommended denying the insurer's motion to dismiss.

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