ERISA Watch – Ninth Circuit Rules That MetLife Waived Evidence of Insurability Requirement in Life Insurance Dispute
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…
ERISA Watch – ERISA Statute of Limitations Applies to Railway Labor Act Claims
This week’s notable decision, Pruter v. Local 210’s Pension Trust Fund, Local 210, International Brotherhood of Teamsters, No. 16-733-CV, __F.3d__, 2017 WL 2431756 (2d Cir. June 6, 2017), is one…
ERISA Watch – Long Term Disability Insurer Erred by Considering an Environmental Lawyer’s Occupation to be a “Generic” Lawyer.
This week's notable ERISA decision is a nice win reported at Jane Doe v. Standard Insurance Company, No. 16-2085, __F.3d__, 2017 WL 1101609 (1st Cir. Mar. 24, 2017). Doe was…
ERISA Watch – Fiduciary Exception to Attorney-Client Privilege Applies to Insurance Companies
A la corporations are people, insurance companies are fiduciaries: at least when it comes to the fiduciary exception to the attorney-client privilege. In this week’s notable decision: McFarlane v. First…
ERISA Watch – Fourth Circuit Holds Life Insurance Misrepresentation Claims Are Preempted by ERISA
This week’s notable decision is out of the Fourth Circuit Court of Appeals in the matter of Prince v. Sears Holdings Corporation, No. 16-1075, __F.3d__, 2017 WL 383370 (4th Cir.…
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