Ninth Circuit Reaffirms: Ability to Sit for Four Hours a Day Means a Claimant Can Perform “Any Occupation” Under Disability Policy
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In this short unpublished opinion, McCool v. Life Insurance Company of North America, No. 18-56529, __F.App’x__, 2021 WL 1235842 (9th Cir. Apr. 2, 2021), the Ninth Circuit affirmed the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…
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…
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…
District Court Permits Sun Life to Proceed with Fraud Counterclaim in Dispute Over ERISA-Governed Long-Term Disability Benefits
The ERISA claims and appeals process is rife for areas of disagreement. In what was filed as a run-of-the-mill long-term disability benefit lawsuit under the Employee Retirement Income Security Act…
District Court Finds Business Owner “Inadvertently” Created an ERISA Plan When the Company Offered and Paid for Its Employees’ Long-Term Disability Insurance
A recent district court decision, Steigleman v. Symetra Life Ins. Co., No. CV-19-08060-PCT-ROS, 2021 WL 778605 (D. Ariz. Mar. 1, 2021), shows us how a business owner who purchases long-term…
District Court’s Refusal to Consider Portions of Unum’s Regulatory Settlement Agreement Shows Importance of ERISA’s Pre-Litigation Appeals Process
A recent district court order deciding a long-term disability dispute highlights the importance of claimants with ERISA-governed claims to submit everything to the claims administrator that they might want a…
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