ERISA Watch – Court Denies Insurer Equitable Trust over Erroneously Paid Life Insurance Benefits Since It Seeks Unavailable “Legal” Relief
ERISA Watch – Court Denies Insurer Equitable Trust over Erroneously Paid Life Insurance Benefits Since It Seeks Unavailable “Legal” Relief
This weeks’ notable decision is Opheim v. Standard Ins. Co., No. C 16-4145-MWB, __F.Supp.3d__, 2018 WL 396231 (N.D. Iowa Jan. 9, 2018). In this matter, Plaintiff Opheim seeks payment of…
ERISA Watch – Sixth Circuit Declines to Adopt “Substantial Compliance” Test for Requirements of a Qualified Domestic Relations Order
This week’s notable decision is Sun Life Assurance Co. of Canada v. Jackson, No. 17-3120, __F.3d__, 2017 WL 6347728 (6th Cir. Dec. 13, 2017), where the Sixth Circuit determined that…
ERISA Watch – Post CIGNA Corp. v. Amara, Are Circuit Courts Split on Simultaneous Pleading of ERISA Claims for Benefits and Equitable Relief?
This week’s notable decision, Swenson v. United of Omaha Life Ins. Co., No. 17-30374, __F.3d__, 2017 WL 5988351 (5th Cir. Dec. 4, 2017), involves ERISA preemption and simultaneous pleading of…
ERISA Watch – AD&D and Life Insurance Policy Benefits Not Payable for Loss of Eye Caused by Fungal Infection
In Ramirez v. United of Omaha Life Ins. Co., No. 16-11660, __F.3d__, 2017 WL 4455267 (5th Cir. Oct. 6, 2017), the Fifth Circuit affirmed the district court’s grant of summary…
ERISA Watch – Ninth Circuit Rules That MetLife Waived Evidence of Insurability Requirement in Life Insurance Dispute
Can an insurance company waive its requirement of evidence of insurability? According to the Ninth Circuit Court of Appeals: Yes. In Salyers v. Metro. Life Ins. Co., No. 15-56371, __F.3d__,…
A Manslaughter Conviction May Not Prohibit Receipt of ERISA Life Insurance Benefits
The “Slayer rule” is a common law doctrine that prevents inheritance by someone who murders someone from whom he or she stands to inherit. Many states have enacted slayer rules…
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