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Ninth Circuit Affirms Denial of AD&D Benefits Due to Substantial Contribution of Preexisting Medical Condition

In Earle v. Unum Life Ins. Co. of Am., No. 20-55868, 2021 WL 4871785 (9th Cir. Oct. 19, 2021), a short unpublished opinion, the Ninth Circuit affirmed the district court’s…

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Fifth Circuit Affirms Dismissal of ERISA Plan Beneficiary’s Estoppel Claim Over Supplemental Life Insurance Benefits

Yesterday, the Fifth Circuit Court of Appeals issued a decision in Talasek v. Nat’l Oilwell Varco, L.P., No. 21-20069, __F.4th__, 2021 WL 4860133 (5th Cir. Oct. 19, 2021), a matter…

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Fifth Circuit Finds Standard Insurance Company Did Not Waive Right to Decide “Any Occupation” Disability Benefit Claim

Martinez v. Standard Ins. Co., No. 20-10475, 2021 WL 4592430 (5th Cir. Oct. 5, 2021) involves a claim for long-term disability benefits under an ERISA-governed benefit plan. Defendant Standard Insurance…

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Sixth Circuit Vacates Withdrawal Liability Award for Redetermination of Interest Rate and Assessment of Partial-Withdrawal Liability

Sofco Erectors, Inc. v. Trustees of Ohio Operating Engineers Pension Fund, No. 20-3639, __F.4th__, 2021 WL 4434226 (6th Cir. Sept. 28, 2021) is a dispute involving the payment of withdrawal liability…

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Fifth Circuit Finds Blue Cross Did Not Abuse Its Discretion in Denying Continued Inpatient Treatment for Minor Following Fifth Suicide Attempt

In Michael P. v. Blue Cross & Blue Shield of Texas, No. 20-30361, __F.App’x__, 2021 WL 4314316 (5th Cir. Sept. 22, 2021), Defendants-Appellants Blue Cross and Blue Shield of Texas…

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First Circuit Upholds Unum’s Application of Long-Term Disability Policy’s Self-Reported Symptoms Limitation

In Ovist v. Unum Life Ins. Co. of Am., No. 20-1464, __F.4th__, 2021 WL 4304547 (1st Cir. Sept. 22, 2021), the First Circuit considered whether Unum Life Insurance Company of…

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