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Ninth Circuit Orders Remand to Insurance Company to Decide Claimant’s Entitlement to “Any Occupation” Disability Benefits in the First Instance

Ninth Circuit Orders Remand to Insurance Company to Decide Claimant’s Entitlement to “Any Occupation” Disability Benefits in the First Instance

Plaintiff Yolanda Rios had long-term disability benefit claims under two ERISA-governed disability insurance policies issued by defendants Unum Life Insurance Company and Provident Life and Accident Insurance Company (collectively, “Unum”).…

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Eleventh Circuit Affirms Allstate Retirees Are Not Entitled to Lifetime Vesting in Life Insurance

Yesterday, the Eleventh Circuit Court of Appeals issued its decision in Klaas v. Allstate Ins. Co., No. 20-14104, __F.4th__, 2021 WL 6124337 (11th Cir. Dec. 28, 2021). This matter involves…

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Eighth Circuit Finds Abuse of Discretion When Insurance Company Stopped Payments of Anesthesiologist’s Disability Benefit After 10 Years

Yesterday, the Eighth Circuit Court of Appeals decided Roehr v. Sun Life Assurance Co. of Canada, No. 21-1559, _F.4th_, 2021 WL 6109959 (8th Cir. Dec. 27, 2021) , a matter…

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Seventh Circuit Affirms Doctor Did Not Have Valid Assignment to Pursue ERISA Statutory Penalty Claim Against Plan Administrator

W.A. Griffin v. Seven Corners, Inc., No. 21-2332, 2021 WL 6102167 (7th Cir. Dec. 22, 2021) (Before: Kanne, Rovner, and Hamilton, Circuit Judges). Plaintiff-Appellant W.A. Griffin is a dermatologist who…

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Sixth Circuit Finds Health Plan Forfeited Argument Supporting Equitable Claim Over Personal Injury Settlement Funds

In Sheet Metal Workers’ Health and Welfare Fund of North Carolina, v. Law Office of Michael A. Demayo, LLP, No. 21-5011, __F.4th__, 2021 WL 5984357 (6th Cir. Dec. 17, 2021),…

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Sixth Circuit Affirms Denial of Disability Benefits and Finds Claimant Sought Attorneys’ Fees for Remand Too Late

In Bustetter v. Standard Insurance Company, No. 21-5441, 2021 WL 5873159 (6th Cir. Dec. 13, 2021), Plaintiff-Appellant Lewis Bustetter appealed from the district court’s grant of judgment to Defendant-Appellee Standard…

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