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Second Court: District Court Did Not Err Denying Leave to Amend ERISA Complaint Due to Failure to Exhaust Administrative Remedies

Second Court: District Court Did Not Err Denying Leave to Amend ERISA Complaint Due to Failure to Exhaust Administrative Remedies

In Ruderman v. Liberty Mutual Group, Inc., et al., No. 21-817, 2022 WL 244086 (2d Cir. Jan. 27, 2022), Plaintiff-Appellant Jennifer Ruderman filed state law claims against Liberty Mutual for…

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In Disability Benefit Dispute, Second Circuit Affirms Ability to Take Public Ground Transportation Is Not a Material Duty of Manager of Bond Salesmen

In Milano v. Provident Life & Casualty Insurance Company, et al., No. 21-97-CV, 2022 WL 103314 (2d Cir. Jan. 11, 2022), Plaintiff-Appellant Alfred Derf Milano appealed the district court’s judgment…

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Ninth Circuit Orders Remand to Insurance Company to Decide Claimant’s Entitlement to “Any Occupation” Disability Benefits in the First Instance

Plaintiff Yolanda Rios had long-term disability benefit claims under two ERISA-governed disability insurance policies issued by defendants Unum Life Insurance Company and Provident Life and Accident Insurance Company (collectively, “Unum”).…

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Eighth Circuit Finds Abuse of Discretion When Insurance Company Stopped Payments of Anesthesiologist’s Disability Benefit After 10 Years

Yesterday, the Eighth Circuit Court of Appeals decided Roehr v. Sun Life Assurance Co. of Canada, No. 21-1559, _F.4th_, 2021 WL 6109959 (8th Cir. Dec. 27, 2021) , a matter…

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Sixth Circuit Affirms Denial of Disability Benefits and Finds Claimant Sought Attorneys’ Fees for Remand Too Late

In Bustetter v. Standard Insurance Company, No. 21-5441, 2021 WL 5873159 (6th Cir. Dec. 13, 2021), Plaintiff-Appellant Lewis Bustetter appealed from the district court’s grant of judgment to Defendant-Appellee Standard…

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Fourth Circuit Reverses Win for Hartford in Dispute Over Long-Term Disability Benefits

The Fourth Circuit Court of Appeals issued a claimant-friendly decision in Shupe v. Hartford Life & Accident Ins. Co., No. 19-1854, __F.4th__, 2021 WL 5774728 (4th Cir. Dec. 7, 2021),…

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