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Ninth Circuit Finds ERISA Plan’s Procedural Error in Reviewing Claim for Disability Benefits Does Not Warrant Remand to the Plan

Ninth Circuit Finds ERISA Plan’s Procedural Error in Reviewing Claim for Disability Benefits Does Not Warrant Remand to the Plan

In Dimry v. Bert Bell/pete Rozelle NFL Player Ret. Plan, No. 20-17049, __F.App’x__, 2021 WL 3509349 (9th Cir. Aug. 10, 2021), a dispute over total and permanent disability benefits under…

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Sixth Circuit Affirms Unum’s Denial of Long-Term Disability Benefits Due to Employer-Specific Basis for Stress-Related Disability

In Holden v. Unum Life Insurance Company of America, No. 20-6318, __F.App’x__, 2021 WL 2836624 (6th Cir. July 8, 2021), the Sixth Circuit affirmed Unum Life Insurance Company’s decision to…

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Fifth Circuit Rules for ERISA Claimant Where Disability Claim Straddles Two Insurance Companies That Both Deny Coverage

What happens when an employee becomes disabled during a period when his employer switches long-term disability carriers and both carriers disclaim coverage? In Talamantes v. Metro. Life Ins. Co., No.…

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In ERISA Dispute, District Court Orders Hartford to Produce Discovery Concerning Financial Conflict of Interest

In Feltington v. Hartford Life Insurance Company, No. 14CV6616GRBAKT, 2021 WL 2474213 (E.D.N.Y. June 17, 2021), a dispute involving a denial of long-term disability benefits under a plan governed by…

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EBSA Takes Position That ERISA Fiduciaries Must Provide Claimants With Any Audio Recordings Related to Adverse Benefit Determination

Yesterday, Eric Berger, Acting Chief, Division of Coverage, Reporting and Disclosure, in the Office of Regulations and Interpretations of the Employee Benefits Security Administration (EBSA) issued an informational letter concerning…

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Fifth Circuit Finds Disability Policy’s “Transfer of Insurance Coverage” Provision Applies to Employee on Disability Leave on Policy’s Effective Date

In Miller v. Reliance Standard Life Insurance Company, No. 20-30240, __F.3d__, 2021 WL 2221347 (5th Cir. June 2, 2021), the Fifth Circuit decided an issue that arises when an employer…

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