Fact Issue Precludes Summary Judgment In Disability Claimant’s Favor, Judge Says

( February 27, 2025, 8:09 AM EST) -- PHOENIX — Summary judgment in favor of a disability claimant on a breach of contract claim is not warranted because the claimant killed his own motion with “factual friendly fire” by introducing evidence that questions whether the disability insurer terminated the claimant’s benefits based on the available medical evidence or purposefully withheld evidence to prevent its reviewing physicians from finding that the claimant remained disabled, an Arizona federal judge said....