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Fifth Circuit Joins Sister Circuits In Holding that the Collection of a Contractually Predetermined Fixed Fee Does Not Constitute a Fiduciary Act under ERISA
In D.L. Markham DDS, MSD, Inc. 401(K) Plan v. Variable Annuity Life Ins. Co., No. 22-20540, __F.4th__, 2023 WL 8642231 (5th Cir. Dec. 14, 2023), Plaintiffs D.L. Markham DDS, MSD,…
First Circuit Finds Plaintiff Waived Argument that ERISA Applied to Long-Term Disability Policy, But Certified to State Supreme Court Whether Policy’s Contractual Limitations Clause Violated Public Policy
In Smith v. Prudential Ins. Co. of Am., No. 23-1168, __F.4th__, 2023 WL 8446510 (1st Cir. Dec. 6, 2023), Plaintiff brought suit against his long-term disability (LTD) insurer, Prudential Insurance…
Tenth Circuit Finds UnitedHealthcare Abused Its Discretion by Failing to Consider Independent Ground for Coverage for Residential Treatment Benefits
In Ian C. v. UnitedHealthcare Ins. Co., No. 22-4082, __F.4th__, 2023 WL 8408199 (10th Cir. Dec. 5, 2023), the Tenth Circuit determined that UnitedHealthcare Insurance Company’s (United) denial of residential…
District Court Permits Unum to Countersue Claimant for Recovery of Overpaid Disability Benefits Due to Claimant’s Receipt of Social Security Disability Benefits
In Radle v. Unum Life Insurance Company of America, No. 4:21CV1039 HEA, 2023 WL 8449084 (E.D. Mo. Dec. 6, 2023), Missouri Eastern District Judge Henry Edward Autrey denied Plaintiff’s motion…
District Court Finds Employer’s Benefit Plan Is Governed By ERISA, And Did Not Fall Within The Safe-Harbor Exception
In Steigleman v. Symetra Life Ins. Co., No. CV-19-08060-PCT-ROS, 2023 WL 7413668 (D. Ariz. Nov. 9, 2023), Arizona District Judge Roslyn O. Silver granted judgment to Symetra Life Insurance Company …
Tenth Circuit Affirms Denial of Residential Treatment Benefits but Reverses Dismissal of Parity Act Claim
In E.W. v. Health Net Life Ins. Co., No. 21-4110, __F.4th__, 2023 WL 8042746 (10th Cir. Nov. 21, 2023), Plaintiff-Appellant appealed the district court’s grant of summary judgment to Health…
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