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Eighth Circuit Holds ERISA Plan Participant Has Standing to Sue Health Plan’s Former Third-Party Administrator and Upholds Denial of Medical Claim
In Shafer v. Zimmerman Transfer, Inc., No. 22-2275, __F.4th__, 2023 WL 3857343 (8th Cir. June 7, 2023), a case seeking to recover ERISA medical benefits, the Eighth Circuit considered (1)…
Ninth Circuit Revives ERISA Breach of Fiduciary Duty Claim for Longtime Miscalculation and Payment of Disability Benefits
In Morris v. Aetna Life Insurance Company, No. 21-56169, 2023 WL 3773656 (9th Cir. June 2, 2023), a dispute involving a miscalculation of long-term disability (“LTD”) benefits, the Ninth Circuit…
California Equal Insurance HIV Act Bars Insurers From Declining Applications For Life or Disability Insurance
California Equal Insurance HIV Act Bars Insurers From Declining Applications For Life Or Disability Insurance, But Permits Insurers To Refuse Or Limit Coverage And Charge Different Rates Based On Sound…
Ninth Circuit Affirms Defined-Benefit Plan Participant Lacks Standing to Bring Breach-of-Fiduciary-Duty Claims
The Ninth Circuit Court of Appeals recently decided an ERISA standing issue in Diaz v. Westco Chemicals, Inc., No. 22-55823, 2023 WL 3615663 (9th Cir. May 24, 2023). The district…
District Court Finds Lincoln National Improperly Terminated LTD Benefits and Remands Matter to Lincoln for Further Claim Administration
In Bombassei v. The Lincoln National Life Insurance Company, No. 22-10593, 2023 WL 3605968 (E.D. Mich. May 23, 2023), Michigan Eastern District Judge Denise Page Hood granted judgment to Plaintiff…
Sixth Circuit Affirms Award of Long-Term Disability Benefits, Statutory Penalties, and Attorneys’ Fees under ERISA
In Laake v. Benefits Committee, Western & Southern Financial Group Company Flexible Benefits Plan, et al., No. 21-4178, __F.4th__, 2023 WL 3559602 (6th Cir. May 19, 2023), a long-term disability…
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