Julissa Bradshaw v. Reliance Standard Life Insurance Company

707 F. App'x 599
CourtCourt of Appeals for the Eleventh Circuit
DecidedAugust 31, 2017
Docket16-11125
StatusUnpublished
Cited by5 cases

This text of 707 F. App'x 599 (Julissa Bradshaw v. Reliance Standard Life Insurance Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Julissa Bradshaw v. Reliance Standard Life Insurance Company, 707 F. App'x 599 (11th Cir. 2017).

Opinion

ROSENBAUM, Circuit Judge:

Plaintiff-Appellant Julissa Bradshaw had a healthy pregnancy and no other preexisting medical conditions when she bought a disability-insurance policy from Defendant-Appellee Reliance Standard Life Insurance Company. About six months later, nine days after Bradshaw gave birth to her daughter, tragically, Bradshaw suffered a debilitating stroke. So Bradshaw filed a claim for long-term disability benefits with Reliance, which Reliance denied. It denied the claim because of Bradshaw’s healthy pregnancy at the time she purchased her policy; Reliance asserted that qualified as a pre-existing condition that “contributed to” Bradshaw’s stroke.

Bradshaw brought suit alleging violations of the Employee Retirement Income Security Act of 1974, as amended 29 U.S.C. §§ 1001, et seq. (“ERISA”). Reliance moved for summary judgment, and the district court granted its motion, concluding that Reliance’s decision denying benefits was reasonable.

But our review of Reliance’s decision reveals that Reliance applied the wrong standard in construing the language of its pre-existing-condition exclusionary provi *601 sion. And when we apply the correct standard, we must conclude that Reliance’s determination was unreasonable. So we reverse and remand the case to the district court for an award of ERISA benefits.

I.

A.

Bradshaw worked for Pyramid Healthcare Solutions, Inc., as a medical biller. As part of Bradshaw’s employment benefits, Pyramid offered her both short-term and long-term disability coverage through a policy administered by Reliance (the “Policy”). Under the terms of the Policy, Bradshaw’s disability coverage became effective on May 1, 2013.

At the time she was hired, Bradshaw was a few weeks pregnant. For the next seven months, Bradshaw’s pregnancy proceeded without incident.

On November 4, 2013, however, Bradshaw went to the hospital complaining of a headache, elevated blood pressure, and swelling of her hands and feet. Doctors diagnosed her with “mild preeclampsia” and placed her on bedrest.

Two days later, when Bradshaw was 38 weeks and 2 days pregnant, she returned to the hospital to undergo childbirth induction because of “mild preeclampsia.” On November 8, 2013, Bradshaw gave birth to a healthy baby girl. No complications were present during the birth, and Bradshaw was released from the hospital on November 10, 2013, with stable blood pressure.

A week after her discharge, on November 17, 2013, Bradshaw returned to the hospital, complaining of a headache, dizziness, and nausea. Bradshaw underwent an MRI, and it revealed a “massive left cerebellar infarct,” more commonly known as a stroke.

Dr. Harold Colbassani, Jr., performed surgery to address the stroke. Bradshaw had a craniectomy, 1 partial resection of her cerebellar hemisphere, and the placement of ventriculostomy. 2 She remained at the hospital until December 1, 2013, at which time she was released. The hospital’s discharge summary reveals that doctors diagnosed Bradshaw as having suffered a “[cjerebrovascular accident,” “[l]eft vertebral artery dissection,” and “[hypertension.” The summary identified “[hypertension” as “contributory to [Bradshaw’s] stroke,” and it noted “[tjhere was likely some residual deficit from her preeclamptic childbirth.”

Bradshaw suffered deficits following the surgery. So she submitted a claim for long-term disability benefits with Reliance. She asserted an inability to work as a result of pain, confusion, anxiety, dizziness, forgetfulness, and coordination problems caused by the stroke she suffered on November 17, 2013. Attached to her claim form was paperwork that neurologist Ajay Arora completed on February 20,2014. Dr. Arora confirmed that Bradshaw had suffered a cerebellar stroke with symptoms first appearing on November 17, 2013. 3 He fur *602 ther opined that, because of problems with balance, coordination, and dizziness, Bradshaw was unable to return to work,

B.

Since Bradshaw filed an application for disability benefits within the first twelve months of her employment, Reliance conducted an investigation to determine whether Bradshaw’s disability was subject to the terms of a pre-existing-condition exclusion contained in the Policy. The exclusion in the Policy provides,

PRE-EXISTING CONDITIONS: Benefits will not be paid for a Total Disability:
(1)caused by;
(2)contributed to by; or
(3)resulting from
a Pre-existing Condition unless the Insured has been Actively at Work for one (I) full day following the end of twelve (12) consecutive months from the date he/she became an Insured.

According to the Policy,

“Pre-Existing Condition” means any Sickness or Injury for which the Insured received medical Treatment, consultation, care or services, including diagnostic procedures, or took prescribed drugs or medicines, during the three (3) months immediately prior to the Insured’s effective date of insurance.

The Policy, in turn, notes that the term “Sickness” “includes pregnancy .,,, ”

The three months before Bradshaw’s effective date of insurance ran from February 1, 2013, through May 1, 2013. This period (and only this period) — better known as the “look-back period” — is the timeframe Reliance was allowed to consider when it evaluated whether Bradshaw suffered from a “pre-existing condition.”

On June 2, 2014, Reliance denied Bradshaw’s claim because it concluded that Bradshaw’s disability from the stroke resulted from a “pre-existing condition” for which she received treatment during the “look-back period” — namely, pregnancy. The denial letter stated,

Our investigation has revealed that you received medical treatment, consultation, care or services, or took prescribed drugs or medicines for pregnancy during the period from February 1, 2013 to May 1, 2013. Accordingly, your initial Sickness or Injury is considered to be Pre-existing and your claim for [long-term disability] benefits must be denied. We sincerely regret that our decision could not be more favorable.

Despite Reliance’s rejection of Bradshaw’s claim on the basis that her stroke-related injuries were “caused by, contributed to by, or resulted from” her prior pregnancy, the denial letter explicitly noted the progression of a “normal pregnancy through November 4, 2013” — that is, more than six months after the look-back period ended.

On November 26, 2014, Bradshaw (who had by now retained counsel) appealed Reliance’s denial of her claim, within Reliance’s appeal process.

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707 F. App'x 599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/julissa-bradshaw-v-reliance-standard-life-insurance-company-ca11-2017.