ERISA Watch – Fourth Circuit Holds Life Insurance Misrepresentation Claims Are Preempted by ERISA
ERISA Watch – Fourth Circuit Holds Life Insurance Misrepresentation Claims Are Preempted by ERISA
This week’s notable decision is out of the Fourth Circuit Court of Appeals in the matter of Prince v. Sears Holdings Corporation, No. 16-1075, __F.3d__, 2017 WL 383370 (4th Cir.…
ERISA Watch – Discretionary Language in Summary Plan Description Does Not Confer Discretion Upon Long Term Disability Insurer
This week’s notable decision is a jewel out of the District of Arizona, Nieves v. Prudential Ins. Co. of Am., No. CV-16-00768-PHX-DGC, __F.Supp.3d__, 2017 WL 168039 (D. Ariz. Jan. 17,…
ERISA Watch – Applying “Discovery Rule,” Sixth Circuit Holds That Pension Benefit Claim Is Time-Barred
This week’s notable decision is Patterson v. Chrysler Grp., LLC, No. 16-1365, __F.3d__, 2017 WL 104829 (6th Cir. Jan. 11, 2017), a case where a SOL leaves the Plaintiff SOL. …
ERISA Watch – Seventh Circuit Affirms Denial of Long Term Disability Benefits Because the Claimant Could Eventually Make Enough in Earnings
This week’s notably terrible decision is Geiger v. Aetna Life Insurance Company, No. 16-2790, __F.3d__, 2017 WL 65386 (7th Cir. Jan. 6, 2017). In this lawsuit involving a denial of…
ERISA Watch – Court Rules That Long Term Disability Insurer Can Offset Gross Social Security Benefit
This week's notable decision is out of the First Circuit Court of Appeals and involves an offset to long term disability insurance benefits. In Troiano v. Aetna Life Ins. Co., No.…
ERISA Watch – Failure to Adequately Consider Social Security Award Is Evidence of Disability Insurer’s Financial Conflict of Interest
This week’s notable decision, Calhoun v. Life Insurance Company of North America, No. 15-3470, __F.App’x__, 2016 WL 7241398 (6th Cir. Dec. 15, 2016), is unfortunately, not recommended for full-text publication,…
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