Latest Blog Posts
Tenth Circuit Finds Termination of Long-Term Disability Benefits Justified by Surveillance of Activities
Gielissen v. Reliance Standard Life Insurance Company, et al., No. 21-1377, 2022 WL 5303482 (10th Cir. Oct. 7, 2022) highlights the impact that surveillance may have on long-term disability benefit…
Fifth Circuit Denies Intervenors in ERISA Class Action Lawsuit Seeking Reformation of Cash Balance Plan
Guenther v. BP Ret. Accumulation Plan, No. 21-20617, __F.4th__, 2022 WL 5350106 (5th Cir. Oct. 7, 2022) involves two separately filed lawsuits on behalf of Standard Oil of Ohio (“Sohio”)…
First Circuit Revives Breach of Fiduciary Duty Claim for Voluntary Life Insurance Coverage
Shields v. United of Omaha Life Ins. Co., No. 21-1290, __F.4th__, 2022 WL 4864522 (1st Cir. Oct. 4, 2022) involves a matter of first impression in the First Circuit Court of…
Bad Week for Long-Term Disability Claimants in the Federal District Courts
This past week, claimants with long-term disability (“LTD”) claims governed by ERISA have not fared well in the district courts. One district court decided a long-term disability insurance dispute in…
Ninth Circuit Reverses Hartford Win and Requires District Court to Consider New Evidence in Long-Term Disability Dispute
In Kay v. Hartford Life and Accident Insurance Company, No. 21-55463, 2022 WL 4363444 (9th Cir. Sept. 21, 2022) (9th Cir. Sept. 21, 2022), a short unpublished memorandum opinion, the…
Seventh Circuit Finds Employer Not Liable for Interruptions in Benefit Payments Under Fully Insured Disability Plan
In McCurry, v. Kenco Logistic Services, LLC, No. 22-1273, 2022 WL 4284222 (7th Cir. Sept. 16, 2022), a nonprecedential disposition, the Seventh Circuit affirmed the district court’s grant of summary…
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