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In Life Insurance Dispute, Tenth Circuit Declines to Adopt Blanket Duty of Investigation Rule for ERISA Claims Administrators

In Life Insurance Dispute, Tenth Circuit Declines to Adopt Blanket Duty of Investigation Rule for ERISA Claims Administrators

In Stachmus v. Guardian Life Ins. Co. of Am., No. 20-7019, __F.App’x__, 2021 WL 1590006 (10th Cir. Apr. 23, 2021), Plaintiff-Appellant, Michael Erick Stachmus, sought to overturn the district court’s…

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Fourth Circuit Finds Life Insurance Policy Benefits Payable Where Insured Was Not Totally Disabled for 180 Days Before Policy’s Effective Date

In Morris v. Lincoln National Life Ins. Co., No. 19-1546, __F.App’x__, 2021 WL 1199005 (4th Cir. Mar. 30, 2021), Plaintiff-Appellant Stephanie Morris was the beneficiary of a life insurance policy…

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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…

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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…

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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--,…

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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…

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