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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…
In Matter of First Impression, Second Circuit Adopts Pleading Standard for Prohibited Transaction Claims under ERISA
In Cunningham v. Cornell Univ., No. 21-114-CV, __F.4th__, 2023 WL 7504142 (2d Cir. Nov. 14, 2023), the Second Circuit decided a matter of first impression in one of several similarly…
District Court Overturns Unum’s Termination of Disability and Life Waiver of Premium Claims; Remands Claims to Unum to Decide Entitlement To “Any Occupation” Benefits
In Radmilovich v. Unum Life Ins. Co. of Am., __F.Supp.3d__, 2023 WL 7457118 (C.D. Cal. Nov. 7, 2023), California Central District Judge David O. Carter granted judgment to Plaintiff David…
Ninth Circuit Affirms Judgment in Favor of Unum in Lawsuit Challenging Denial of ERISA Disability Benefit Claim
In Perez v. Unum Life Insurance Company of America, No. 22-16652, 2023 WL 7675458 (9th Cir. Nov. 15, 2023), the Ninth Circuit Court of Appeals affirmed the district court’s judgment…
Third Circuit Finds “Ridiculous” Reliance Standard’s Position that Gastroenterologist Is Not an Occupation Under Its Disability Insurance Policy
In Patrick, M.D. v. Reliance Standard Life Insurance Company, No. 21-1681, 2023 WL 7381460 (3d Cir. Nov. 8, 2023), the Third Circuit Court of Appeals affirmed the district court’s grant…
District Court Denies Employer’s Motion to Dismiss ERISA Breach of Fiduciary Duty Claim for Misrepresentation About Life Insurance Coverage
In Foughty v. Cleaver-Brooks, Inc., 2023 WL 7287220 (N.D. Ga. Nov. 3, 2023), Georgia Northern District Judge Thomas W. Thrash, Jr. denied Defendant’s motion to dismiss Plaintiff’s lawsuit for breach…
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