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District Court Denies Dismissal for Failure to Exhaust Administrative Remedies; Highlights Importance of Communication About Appeal Procedures
In Ferguson v. BBVA Compass Bancshares, Inc., et al., No. 2:19-CV-01135-MHH, 2021 WL 662257 (N.D. Ala. Feb. 19, 2021), the district court considered Defendants’ motion to reconsider the court’s previous…
Court Upholds Reliance Standard’s Denial of Long-Term Disability Benefits to Surgeon with Mental Impairments
In this dispute over long-term disability benefits, Cruz v. Reliance Standard Life Insurance Company, No. CIV 18-0974 RB/SCY, 2021 WL 601827 (D.N.M. Feb. 16, 2021), the district court upheld Reliance…
Second Circuit Vacates Dismissal of Cigna’s ERISA Claim Against Laboratory Testing Companies, Finding Claim Subject Only to Equitable Doctrine of Laches
In Connecticut Gen. Life Ins. Co. v. BioHealth Labs., Inc., No. 20-2312-CV, __F.3d__, 2021 WL 476111 (2d Cir. Feb. 10, 2021), Plaintiffs, collectively “Cigna,” appealed the dismissal of their claims…
Ninth Circuit Finds Unum’s 2005 California Settlement Agreement Prohibits Self-Reported Symptoms Limitation in Allin Corporation’s Disability Plan
In Cox v. Allin Corporation Plan; et al., No. 16-15231, __F.App’x__, 2021 WL 613799 (9th Cir. Feb. 17, 2021), Plaintiff-Appellant Cox appealed the district court’s judgment in favor of Unum…
Tenth Circuit Finds Divorce Decree Is a Qualified Domestic Relations Order under ERISA
In Festini-Steele v. Exxonmobil Corporation, No. 20-1052, __F.App’x__, 2021 WL 629755 (10th Cir. Feb. 18, 2021), Plaintiff-Appellant Festini-Steele claims a Decree of Dissolution of Marriage (“Decree”) is a Qualified Domestic…
Self-Funded Plan Service Providers Are Not ERISA Fiduciaries Where They Do Not Exercise Discretion Over the Payment of Claims
In Cent. Valley Ag Coop. v. Leonard, No. 19-3044, __F.3d__, 2021 WL 317215 (8th Cir. Feb. 1, 2021), Central Valley Ag Cooperative (“Central Valley”), which sponsored two different self-funded health care…
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