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ERISA Watch – Group Health Plan’s New York Choice-of-Law Provision Trumps California Law

ERISA Watch – Group Health Plan’s New York Choice-of-Law Provision Trumps California Law

Unfortunately, this week’s notable decision is a loss for California’s ban on discretionary clauses.  In Bain v. United Healthcare Inc., No. 15-CV-03305-EMC, 2016 WL 4529495 (N.D. Cal. Aug. 30, 2016),…

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Is The Independent Physician Consultant Evaluating Your Long Term Disability Claim Truly Neutral?

What might not be obvious to the average San Francisco Bay Area consumer is a daily bane to most experienced ERISA long term disability attorneys:  "Independent" Physician Consultants (IPCs) hired…

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ERISA Watch – In Long Term Disability Case, Independent Physician Consultants’ Financial Conflict Is Imputed to MetLife

I am delighted to report that this week’s notable decision is one of our own, Demer v. IBM Corporation LTD Plan, No. 13-17196, __F.3d__, 2016 WL 4488006 (9th Cir. Aug.…

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ERISA Watch – Court Applies California’s Ban on Discretion to Self-Funded Disability Plan

Hello, ERISA Watchers!  This was an exciting week on the topic of state bans on discretionary clauses.  Two recent decisions applied the protection afforded by California Insurance Code Section 10110.6…

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Long Term Disability Policy Exclusions

Roughly 25% of the San Francisco Bay Area workforce will experience some kind of disabling illness or injury, but most of these employees will not know the terms of their employer-provided…

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Refusing to Attend an Independent Medical Examination Could Result In a Termination of Long Term Disability Benefits.

Many of our clients in San Francisco, San Jose, and all over the East Bay with ERISA-governed long term disability policies ask their attorney whether they must comply with an insurance company’s request…

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