District Court Denies LINA Summary Judgment in Accidental Death Benefits Dispute Where Decedent Was Under Influence of Cocaine and Marijuana
District Court Denies LINA Summary Judgment in Accidental Death Benefits Dispute Where Decedent Was Under Influence of Cocaine and Marijuana
The recent district court decision in Degreenia-Harris v. Life Insurance Company of North America, No. 2:19-CV-00218, 2021 WL 1165502 (D. Vt. Mar. 26, 2021) shows us how the presence of…
District Court Denies Award of ERISA Attorneys’ Fees Against Unsuccessful AD&D Claimant
On March 11, 2021, I reported about the recent district court decision in Gray v. Minnesota Life Insurance Company, No. CV H-19-4672, 2021 WL 861298 (S.D. Tex. Mar. 8, 2021).…
Sixth Circuit Revives Class Action Alleging Misleading Notice About Cash Balance Conversion
In Nolan v. Detroit Edison Co., No. 19-1867, __F.App’x__, 2021 WL 1097101 (6th Cir. Mar. 23, 2021), Plaintiff-Appellant Leslie Nolan, a participant in the Detroit Edison Company (“DTE”) cash balance…
Fifth Circuit Holds Project Completion Incentive Plan Is Not an ERISA Plan Due to Lack of Ongoing Administrative Scheme
In Atkins v. CB&I, L.L.C., No. 20-30004, __F.3d__, 2021 WL 1085807 (5th Cir. Mar. 22, 2021), a dispute involving a bonus payment to employees who worked until the completion of…
Ninth Circuit Finds Claim for Occupational Disability Pension Benefits Constructively Denied for Plan’s Failure to Comply with ERISA’s Time Limits
Hoffman v. Screen Actors Guild-Producers Pension Plan, No. 20-55534, __F.App’x__, 2021 WL 1041693 (9th Cir. Mar. 18, 2021) involves a former stuntwoman’s claims for Disability Pension and Occupational Disability Pension…
District Court Finds No Waiver of Evidence of Insurability Where Insured Paid Life Insurance Premiums for Ten Years
A recent decision, Shields v. United Of Omaha Life Insurance Company, No. 2:19-CV-00448-GZS, 2021 WL 982322 (D. Me. Mar. 16, 2021), involves an unfortunate situation of an employee who thought…
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