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Fifth Circuit Affirms Judgment Ordering Blue Cross to Pay for Proton Beam Therapy to Treat Throat Cancer
In Salim v. Louisiana Health Service & Indemnity Company, No. 22-30573, 2023 WL 3222804 (5th Cir. May 3, 2023), an unpublished opinion, the Fifth Circuit Court of Appeals affirmed the…
First Circuit Holds Health Plan’s Third-Party Administrator Is Not an ERISA Fiduciary with Respect to Overpayments to Medical Providers
In Massachusetts Laborers’ Health & Welfare Fund v. Blue Cross Blue Shield of Massachusetts, No. 22-1317, 2023 WL 3069637 (1st Cir. Apr. 25, 2023), a dispute between the Massachusetts Laborers’…
District Court Finds Insurer Properly Applied ERISA Plan Language Prorating Plaintiff’s Lump Sum Pension Benefits as An Offset to Long-Term Disability Benefits
In Walker v. Reliance Standard Life Insurance Company, No. 2:22-CV-109, 2023 WL 3066708 (E.D. Tenn. Apr. 24, 2023) Tennessee Eastern District Judge Travis R. McDonough granted judgment in favor of…
Sixth Circuit Reverses Employer Win on Benefit Funds’ Claim for Unpaid Benefit Contributions
In Trustees of Sheet Metal Workers Loc. 7 Zone 1 Pension Fund v. Pro Servs., Inc., No. 22-1566, 2023 WL 3029735 (6th Cir. Apr. 21, 2023), a suit brought by…
District Court Finds ERISA Plan Does Not Require Exhaustion of Administrative Remedies As Prerequisite to Filing Suit
In Jackson v. The Guardian Life Insurance Company of America, et al., No. 22-CV-03142-JSC, 2023 WL 2960290 (N.D. Cal. Apr. 13, 2023), Northern District of California District Judge Jacqueline Scott…
District Court Upholds Unum’s Termination of Disability Benefits After 24 Months Because Plaintiff Did Not Remain Disabled Strictly Due to a Physical Condition
In Abi-Aad v. Unum Group, Unum Life Insurance Company of America, No. 21-CV-11862-AK, 2023 WL 2838357 (D. Mass. Apr. 7, 2023), Massachusetts District Judge Angel Kelley granted judgment to Unum…
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