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Ninth Circuit Finds Claim Preclusion Does Not Apply to Second Lawsuit Seeking ERISA-Governed Long-Term Disability Benefits
In Flores v. Life Insurance Company of North America, No. 22-55779, 2024 WL 222265 (9th Cir. Jan. 22, 2024), the Ninth Circuit reversed the district court’s dismissal of Plaintiff-Appellant Kayle…
Second Circuit Upholds Termination of Retired Union Workers’ Benefits Due to Disqualifying Employment
In Spillane v. New York City Dist. Council of Carpenters, No. 23-247, 2024 WL 221816 (2d Cir. Jan. 22, 2024), Plaintiff-Appellant Patrick Brendan Spillane and his wife sued his union…
District Court Finds Insurer Owed No Duty to Inform Plan Participant of Life Insurance Conversion Rights Upon Resignation, But Allowed Claim of Equitable Tolling of Conversion Rights Due to Mental Incapacity
In Estate of Maribeth Presnal v. Dearborn National Life Insurance Company et al., No. 3:23-CV-0290-HAB, 2024 WL 124787 (N.D. Ind. Jan. 11, 2024), Indiana Northern District Chief Judge Holly A.…
Second Circuit Affirms United’s Denial of “Facility Fee” Payments to Physicians Performing Office-Based Surgeries in New York
In The Med. Soc’y of the State of New York, et al. v. UnitedHealth Grp. Inc., et al., No. 22-2702-CV, 2024 WL 177448 (2d Cir. Jan. 17, 2024), Plaintiffs, representing…
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…
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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