ERISA Watch – Against the Tide: Court Rules ERISA Preempts Cal Ins. Code 10110.6 as It Applies to a Self-Funded Disability Plan
ERISA Watch – Against the Tide: Court Rules ERISA Preempts Cal Ins. Code 10110.6 as It Applies to a Self-Funded Disability Plan
The California ban on discretion makes the headline again. In Martin v. Aetna Life Ins. Co., No. CV 15-7355-RSWL-FFMX, 2016 WL 6997484 (C.D. Cal. Nov. 30, 2016), Judge Ronald Lew…
ERISA Watch – Disability Plan Administrator Must Respond to Discovery Requests Concerning Documents Brought to its Attention
Welcome back! Hope everyone had a wonderful Thanksgiving break. We were pleased to return to a good discovery decision in one of our long term disability cases, Suson v. PNC…
ERISA Watch – Long Term Disability Plan that Pays Benefits for Schizophrenia Must Also Pay for Schizoaffective Disorder
This week’s notable decision is Duncan v. Metro. Life Ins. Co., No. 2:15-CV-626TS, 2016 WL 6651317 (D. Utah Nov. 10, 2016), a victory for disability claimants. Duncan was diagnosed with…
ERISA Watch – Ninth Circuit Holds that DOT Definition of Sedentary Work Applies to ERISA Long Term Disability Claim
This week’s notable decision is a great one for disability claimants, at least those in the Ninth Circuit. In Armani v. Nw. Mut. Life Ins. Co., No. 14-56866, __F.3d__, 2016…
ERISA Watch – Alternative Pleading of Section 502(a)(1)(B) and 502(a)(3) Claims Is Permissible Post-Amara
This week’s notable decision highlights the recent controversy over a “P” word. That’s right, you guessed it: Pleading. Following the U.S. Supreme Court’s decision in CIGNA Corp. v. Amara, 563…
ERISA Watch – Court Denies Attorneys’ Fees to Prevailing Insurance Company Defendant In Long Term Disability Benefit Dispute
Let’s talk money. This week’s notable decision, Geiger v. Aetna Life Ins. Co., No. 15-CV-3791, 2016 WL 5391206 (N.D. Ill. Sept. 27, 2016), involves Aetna Life Insurance Company’s failed attempt…
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