District Court Finds No Waiver of Evidence of Insurability Where Insured Paid Life Insurance Premiums for Ten Years
District Court Finds No Waiver of Evidence of Insurability Where Insured Paid Life Insurance Premiums for Ten Years
A recent decision, Shields v. United Of Omaha Life Insurance Company, No. 2:19-CV-00448-GZS, 2021 WL 982322 (D. Me. Mar. 16, 2021), involves an unfortunate situation of an employee who thought…
Ninth Circuit Revives Breach of Fiduciary Duty Claim Against Employer for Failing to Notify Terminally Ill Employee of Loss of Life Insurance Coverage
In Estate of Foster through Foster v. Am. Marine SVS Grp. Benefit Plan, No. 20-35023, __F.App’x__, 2021 WL 461938 (9th Cir. Feb. 9, 2021), the Ninth Circuit Court of Appeals…
Reliance Standard Ekes Out Victory in Long-Term Disability Dispute
Reliance Standard Life Insurance Company recently prevailed in a long-term disability dispute in the Eleventh Circuit Court of Appeals. In Wright v. Reliance Standard Life Ins. Co., No. 19-14643, --F.App’x--,…
ERISA Watch – In Matter of First Impression, Seventh Circuit Rules that ERISA Does Not Preempt the Illinois Slayer Statute
This week’s notable decision is Laborers’ Pension Fund v. Miscevic, No. 17-2022, __F.3d__, 2018 WL 578775 (7th Cir. Jan. 29, 2018). In this case, Zeljko Miscevic worked as a union…
ERISA Watch – Play or Pay – Claimants and Administrators Must See the Administrative Process Through
Follow me to Tennessee! This week’s notable decisions are far apart on the spectrum, yet more similar than you might think, and not just because they’re both out of Tennessee…
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…
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