## Facts

- Susan M. Winslow applied to IDS Life Insurance Co. in October 1994 for long-term disability insurance, or alternatively for a policy with a rider excluding disability caused by her mental health condition.
- Winslow disclosed recent treatment for dysthymia (mild depression) within the prior year and current use of Zoloft.
- IDS denied both the standard policy and the requested policy with a mental-health exclusion rider under an underwriting practice that automatically rejected applicants who had received mental or nervous condition treatment within the preceding twelve months, regardless of severity.
- IDS’s practice permitted applicants to reapply after a year had passed since the last treatment.
- Winslow sought reconsideration in November 1994 and submitted letters from treating psychiatrists stating her symptoms were mild and did not affect work, plus employer letters praising her performance and indicating she had not missed work or been hospitalized due to the condition.
- IDS maintained the denial after reviewing the additional materials.
- Winslow asserted IDS’s categorical denial conflicted with an underwriting manual used in other decisions, which contemplated coverage with longer exclusion periods rather than automatic rejection for certain mental/nervous histories.
- Winslow sued for declaratory and injunctive relief and damages under the Americans with Disabilities Act (ADA) and the Minnesota Human Rights Act (MHRA); IDS moved for summary judgment.

## Issues

1. Whether IDS’s categorical denial based on recent treatment for dysthymia constituted evidence that IDS “regarded” Winslow as disabled under the ADA.
2. Whether genuine disputes of material fact existed as to whether IDS’s underwriting practice unlawfully discriminated under the ADA and MHRA.
3. Whether IDS was entitled to summary judgment on any claims or requested relief as a matter of law.

## Decision

- The court granted IDS’s motion for summary judgment in part and denied it in part.
- The court concluded the denial based on depression/anxiety treatment could support, on this record, an ADA “regarded as” theory because it implied a judgment that Winslow was likely unable to perform a class of jobs or a broad range of jobs in the future.
- The court denied summary judgment on core ADA/MHRA discrimination claims challenging the categorical underwriting denial due to disputed facts about the basis and permissibility of IDS’s practice.
- The court granted summary judgment to IDS on certain additional claims or aspects of relief that did not satisfy applicable legal requirements.

## Legal Principles

- Summary judgment is proper only when no genuine dispute of material fact exists and the movant is entitled to judgment as a matter of law; the nonmovant must identify specific facts showing a triable issue.
- Under the ADA, a plaintiff may proceed under a “regarded as” theory by showing the defendant treated the plaintiff as substantially limited in a major life activity, including working as defined by inability to perform a class of jobs or a broad range of jobs.
- Evidence that an insurer applied an automatic, condition-based underwriting rule—without individualized assessment and despite information suggesting limited functional impact—may support an inference that the insurer acted on generalized assumptions about impairment.
- Actuarial or industry-experience justifications for categorical exclusions may not resolve liability at summary judgment where the record supports competing inferences, including that less restrictive underwriting alternatives were available and used elsewhere.

## Conclusion

The court held that IDS’s blanket refusal to issue long-term disability coverage to an applicant with recent mild depression treatment could be found to reflect that IDS regarded the applicant as substantially limited in working, creating triable issues under the ADA and MHRA; accordingly, IDS obtained partial summary judgment, but the central discrimination claims survived.


Winslow v. IDS Life Ins. Co., 29 F. Supp. 2d 557 (D. Minn. 1998)