Latest Blog Posts
ERISA Watch – Fiduciary Exception to Attorney-Client Privilege Applies to Insurance Companies
A la corporations are people, insurance companies are fiduciaries: at least when it comes to the fiduciary exception to the attorney-client privilege. In this week’s notable decision: McFarlane v. First…
ERISA Watch – First Circuit Holds That Arbitrator Decides Issue of ERISA Preemption
This week’s notable decision is Prime Healthcare Services - Landmark LLC v. United Nurses and Allied Professionals, Local 5067, No. 16-1161, __F.3d__, 2017 WL 462106 (1st Cir. Feb. 3, 2017). …
ERISA Watch – Fourth Circuit Holds Life Insurance Misrepresentation Claims Are Preempted by ERISA
This week’s notable decision is out of the Fourth Circuit Court of Appeals in the matter of Prince v. Sears Holdings Corporation, No. 16-1075, __F.3d__, 2017 WL 383370 (4th Cir.…
ERISA Watch – Discretionary Language in Summary Plan Description Does Not Confer Discretion Upon Long Term Disability Insurer
This week’s notable decision is a jewel out of the District of Arizona, Nieves v. Prudential Ins. Co. of Am., No. CV-16-00768-PHX-DGC, __F.Supp.3d__, 2017 WL 168039 (D. Ariz. Jan. 17,…
ERISA Watch – Applying “Discovery Rule,” Sixth Circuit Holds That Pension Benefit Claim Is Time-Barred
This week’s notable decision is Patterson v. Chrysler Grp., LLC, No. 16-1365, __F.3d__, 2017 WL 104829 (6th Cir. Jan. 11, 2017), a case where a SOL leaves the Plaintiff SOL. …
ERISA Watch – Seventh Circuit Affirms Denial of Long Term Disability Benefits Because the Claimant Could Eventually Make Enough in Earnings
This week’s notably terrible decision is Geiger v. Aetna Life Insurance Company, No. 16-2790, __F.3d__, 2017 WL 65386 (7th Cir. Jan. 6, 2017). In this lawsuit involving a denial of…
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