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Bad Week for Long-Term Disability Claimants in the Federal District Courts

This past week, claimants with long-term disability (“LTD”) claims governed by ERISA have not fared well in the district courts. One district court decided a long-term disability insurance dispute in…

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Ninth Circuit Reverses Hartford Win and Requires District Court to Consider New Evidence in Long-Term Disability Dispute

In Kay v. Hartford Life and Accident Insurance Company, No. 21-55463, 2022 WL 4363444 (9th Cir. Sept. 21, 2022) (9th Cir. Sept. 21, 2022), a short unpublished memorandum opinion, the…

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Seventh Circuit Finds Employer Not Liable for Interruptions in Benefit Payments Under Fully Insured Disability Plan

In McCurry, v. Kenco Logistic Services, LLC, No. 22-1273, 2022 WL 4284222 (7th Cir. Sept. 16, 2022), a nonprecedential disposition, the Seventh Circuit affirmed the district court’s grant of summary…

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Sixth Circuit Rules in Favor of Former Attorney on Long-Term Disability Claim; Affirms Dismissal of Counterclaim for Overpaid Benefits

Yesterday, the Sixth Circuit Court of Appeals issued its decision in Messing v. Provident Life and Accident Insurance Company, No. 21-2780, __F.4th__, 2022 WL 4115873 (6th Cir. Sept. 9, 2022).…

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Third Circuit: ESOP Plaintiffs Failed to Meet High Pleading Standard for ERISA Breach of Prudence Claim Based on Inside Information

Since the Supreme Court decided Fifth Third Bancorp v. Dudenhoeffer, 573 U.S. 409 (2014), it has been difficult for participants in employee stock ownership plans (ESOPs) to adequately allege a…

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Eighth Circuit: Principal Life Insurance Company Did Not Breach ERISA Fiduciary Duties with Its Stable Value Contract for 401(k) Plans

The Eighth Circuit Court of Appeals recently decided Rozo v. Principal Life Ins. Co., No. 21-2026, __F.4th__, 2022 WL 4005339 (8th Cir. Sept. 2, 2022) on the case's second trip…

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