ERISA Watch – Long Term Disability Plan Administrator’s Failure to Issue a Timely Decision Results in “Deemed Exhaustion”
ERISA Watch – Long Term Disability Plan Administrator’s Failure to Issue a Timely Decision Results in “Deemed Exhaustion”
This week’s notable decision was a fun read out of the Middle District of Alabama, Stevens v. Sun Life & Health Ins. Co. (U.S.), No. 3:16-CV-76-WKW, 2017 WL 900005 (M.D.…
ERISA Watch – Discretionary Authority Must Be Explicitly Stated in Long Term Disability Plan
This week’s notable decision is Rodríguez-López v. Triple-S Vida, Inc., No. 15-2413, __F.3d__, 2017 WL 782293 (1st Cir. Mar. 1, 2017), where the First Circuit Court of Appeals held that…
ERISA Watch – Third Party Disability Administrator Did Not Breach Fiduciary Duties For Reporting Substance Abuse to Employer
This weeks’ notable decision is out of the Tenth Circuit Court of Appeals and involves a denial of ERISA short term disability benefits. In Williams v. Fedex Corporate Services; Aetna…
ERISA Watch – State Law Action Against Doctors Reviewing Disability Plan Claim Is Preempted by ERISA
I will apply dietetic measures for the benefit of the sick according to my ability and judgment; I will keep them from harm and injustice. Translation from the Greek by…
ERISA Watch – Fiduciary Exception to Attorney-Client Privilege Applies to Insurance Companies
A la corporations are people, insurance companies are fiduciaries: at least when it comes to the fiduciary exception to the attorney-client privilege. In this week’s notable decision: McFarlane v. First…
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.…
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