District Court Affirms Insurer’s Right to Recover Overpaid Long-Term Disability Benefits Based on Award of Social Security Disability Benefits
District Court Affirms Insurer’s Right to Recover Overpaid Long-Term Disability Benefits Based on Award of Social Security Disability Benefits
In Cutway v. Hartford Life & Accident Co., No. 2:22-CV-00113-LEW, 2024 WL 231453 (D. Me. Jan. 22, 2024), Maine District Judge Lance E. Walker awarded judgment for Hartford on Plaintiff’s…
Ninth Circuit Finds Claim Preclusion Does Not Apply to Second Lawsuit Seeking ERISA-Governed Long-Term Disability Benefits
In Flores v. Life Insurance Company of North America, No. 22-55779, 2024 WL 222265 (9th Cir. Jan. 22, 2024), the Ninth Circuit reversed the district court’s dismissal of Plaintiff-Appellant Kayle…
District Court Holds Plan Administrator’s Second Voluntary Appeal Decision Is Subject to ERISA Procedural Requirements
In Ramos v. Schlumberger Group Welfare Benefits Plan, No. 22-CV-0061-CVE-JFJ, 2023 WL 8869239 (N.D. Okla. Dec. 22, 2023), Oklahoma Northern District Judge Claire V. Eagan remanded Plaintiff’s claim for short-term…
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.…
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Atanuspour v. Reliance Standard Life Insurance Company, No. 22-55765, 2023 WL 8663879 (9th Cir. Dec. 15, 2023), a short unpublished memorandum disposition, the Ninth Circuit affirmed the district court’s…
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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