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District Court Awards Post-Judgment Interest And Reasonable Attorneys’ Fees and Costs To Plaintiff As Prevailing Party In ERISA Disability Action

District Court Awards Post-Judgment Interest And Reasonable Attorneys’ Fees and Costs To Plaintiff As Prevailing Party In ERISA Disability Action

In Reynolds v. Life Insurance Company of North America, No. C21-1424 TSZ, 2023 WL 8717164 (W.D. Wash. Dec. 18, 2023), on ERISA post-judgment motions, Washington Western District Judge Thomas S.…

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Ninth Circuit: District Court Did Not Clearly Err in Finding that Plaintiff Was Not Disabled During Entire Elimination Period in ERISA LTD Policy

In Atanuspour v. Reliance Standard Life Insurance Company, No. 22-55765, 2023 WL 8663879 (9th Cir. Dec. 15, 2023), a short unpublished memorandum disposition, the Ninth Circuit affirmed the district court’s…

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First Circuit Finds Plaintiff Waived Argument that ERISA Applied to Long-Term Disability Policy, But Certified to State Supreme Court Whether Policy’s Contractual Limitations Clause Violated Public Policy

In Smith v. Prudential Ins. Co. of Am., No. 23-1168, __F.4th__, 2023 WL 8446510 (1st Cir. Dec. 6, 2023), Plaintiff brought suit against his long-term disability (LTD) insurer, Prudential Insurance…

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District Court Permits Unum to Countersue Claimant for Recovery of Overpaid Disability Benefits Due to Claimant’s Receipt of Social Security Disability Benefits

In Radle v. Unum Life Insurance Company of America, No. 4:21CV1039 HEA, 2023 WL 8449084 (E.D. Mo. Dec. 6, 2023), Missouri Eastern District Judge Henry Edward Autrey denied Plaintiff’s motion…

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District Court Overturns Unum’s Termination of Disability and Life Waiver of Premium Claims; Remands Claims to Unum to Decide Entitlement To “Any Occupation” Benefits

In Radmilovich v. Unum Life Ins. Co. of Am., __F.Supp.3d__, 2023 WL 7457118 (C.D. Cal. Nov. 7, 2023), California Central District Judge David O. Carter granted judgment to Plaintiff David…

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Ninth Circuit Affirms Judgment in Favor of Unum in Lawsuit Challenging Denial of ERISA Disability Benefit Claim

In Perez v. Unum Life Insurance Company of America, No. 22-16652, 2023 WL 7675458 (9th Cir. Nov. 15, 2023), the Ninth Circuit Court of Appeals affirmed the district court’s judgment…

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