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Sixth Circuit Upholds Denial of Benefits under ERISA Plan’s Limitation for Preexisting Conditions

Sixth Circuit Upholds Denial of Benefits under ERISA Plan’s Limitation for Preexisting Conditions

The Sixth Circuit Court of Appeals recently decided Harrison v. Life Insurance Company of North America, No. 20-3337, __F.App’x__, 2021 WL 1530040 (6th Cir. Apr. 19, 2021), a case brought…

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Form Over Substance: District Court Decision Highlights the Importance of Attending Physician Statements in Long-Term Disability Claims Governed by ERISA

Kay v. Hartford Life and Accident Insurance Company, No. 19-CV-209-MMA (AHG), 2021 WL 1378742 (S.D. Cal. Apr. 12, 2021) involves a lawsuit for ERISA-governed long-term disability (“LTD”) benefits brought by…

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Eighth Circuit Affirms Award of Disability Benefits to Nurse Anesthetist Addicted to Fentanyl

In this dispute over ERISA-governed short- and long-term disability insurance benefits, Bernard v. Kansas City Life Ins. Co., No. 20-1593, 2021 WL 1244403 (8th Cir. Apr. 5, 2021), the Eighth…

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Ninth Circuit Reaffirms: Ability to Sit for Four Hours a Day Means a Claimant Can Perform “Any Occupation” Under Disability Policy

In this short unpublished opinion, McCool v. Life Insurance Company of North America, No. 18-56529, __F.App’x__, 2021 WL 1235842 (9th Cir. Apr. 2, 2021), the Ninth Circuit affirmed the district…

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Eighth Circuit Holds Arkansas Law Banning Discretionary Clauses Does Not Apply to Disability Insurance Policy Renewed Prior to Law’s Effective Date

In Roebuck v. USAble Life, No. 19-1855, __F.3d__, 2021 WL 1216217 (8th Cir. Apr. 1, 2021), Plaintiff-Appellant Karen Roebuck appealed the district court’s order holding that USAble Life did not…

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Ninth Circuit Finds Claim for Occupational Disability Pension Benefits Constructively Denied for Plan’s Failure to Comply with ERISA’s Time Limits

Hoffman v. Screen Actors Guild-Producers Pension Plan, No. 20-55534, __F.App’x__, 2021 WL 1041693 (9th Cir. Mar. 18, 2021) involves a former stuntwoman’s claims for Disability Pension and Occupational Disability Pension…

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