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Ninth Circuit Finds Assignment of Rights Gives Surgery Center Authority to Sue Anthem for Non-Payment of Benefits

In Coast Specialty Surgery Ctr., Inc. v. Blue Cross of California, No. 22-55717, __F.4th__, 2024 WL 105317 (9th Cir. Jan. 10, 2024), the Ninth Circuit held that Plaintiff-Appellant South Coast…

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District Court Affirms Denial of ERISA AD&D Claim Finding Death Due to Toxic Ingestion of Prescribed Medication Was Subject to Policy’s Sickness Exclusion

In Jensen v. Life Insurance Company of North America, et al., No. 2:22-CV-293-DAK-DAO, 2024 WL 54433 (D. Utah Jan. 4, 2024), Utah District Judge Dale A. Kimball denied Plaintiff’s motion…

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District Court Holds Plan Administrator’s Second Voluntary Appeal Decision Is Subject to ERISA Procedural Requirements

In Ramos v. Schlumberger Group Welfare Benefits Plan, No. 22-CV-0061-CVE-JFJ, 2023 WL 8869239 (N.D. Okla. Dec. 22, 2023), Oklahoma Northern District Judge Claire V. Eagan remanded Plaintiff’s claim for short-term…

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District Court Awards Post-Judgment Interest And Reasonable Attorneys’ Fees and Costs To Plaintiff As Prevailing Party In ERISA Disability Action

In Reynolds v. Life Insurance Company of North America, No. C21-1424 TSZ, 2023 WL 8717164 (W.D. Wash. Dec. 18, 2023), on ERISA post-judgment motions, Washington Western District Judge Thomas S.…

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Tenth Circuit Finds Lawsuit Challenging Post-Retirement Life Insurance Premium Increases Preempted by ERISA

In Huff v. BP Corporation North America, Inc. et al., No. 23-5022, 2023 WL 8802698 (10th Cir. Dec. 20, 2023), the Tenth Circuit considered whether a retiree’s state law claims…

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Third Circuit Rejects Claimants’ Bid to Participate in Chubb Corporation Benefit Plans Because They Were Not Eligible Employees

In Needham v. Chubb Corp., et al., No. 22-1829, 2023 WL 8711814 (3d Cir. Dec. 18, 2023), the Third Circuit considered the ERISA claims brought by Plaintiffs Needham and Dowman,…

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