23 Oct 2017

ERISA Watch – Court Rules That Disability Claimant Is Entitled to Discovery about Insurance Company’s Attorney-Client Communications

What do you get when you cross the band No Doubt, the singer Neil Young, and a financially conflicted disability insurance company? Give up? The answer: An awesome discovery order.…

16 Oct 2017

ERISA Watch – Eleventh Circuit Holds That ERISA’s Six-Year Statute of Repose Is Waivable

This week’s notable decision is Sec’y, U.S. Dep’t of Labor v. Preston, No. 17-10833, __F.3d__, 2017 WL 4545962 (11th Cir. Oct. 12, 2017), a colorful opinion penned by Circuit Judge…

12 Oct 2017

Sjogren’s Syndrome and Your Long Term Disability Claim

Sjogren’s (SHOW-grins) syndrome is no stranger to some of our Bay Area ERISA clients. Attorneys not familiar with this condition or with ERISA law often find themselves way in over…

09 Oct 2017

ERISA Watch – AD&D and Life Insurance Policy Benefits Not Payable for Loss of Eye Caused by Fungal Infection

In Ramirez v. United of Omaha Life Ins. Co., No. 16-11660, __F.3d__, 2017 WL 4455267 (5th Cir. Oct. 6, 2017), the Fifth Circuit affirmed the district court’s grant of summary…

02 Oct 2017

ERISA Watch – Former Attorney Entitled to Long Term Disability Benefits Despite Ability to Walk Dog

“This would come as something of a surprise to the nation’s law students, that the threshold requirement for practicing law is based on the ability to walk a dog.” –…

25 Sep 2017

ERISA Watch – Ninth Circuit Rules That MetLife Waived Evidence of Insurability Requirement in Life Insurance Dispute

Can an insurance company waive its requirement of evidence of insurability? According to the Ninth Circuit Court of Appeals: Yes. In Salyers v. Metro. Life Ins. Co., No. 15-56371, __F.3d__,…