District Court’s Refusal to Consider Portions of Unum’s Regulatory Settlement Agreement Shows Importance of ERISA’s Pre-Litigation Appeals Process
District Court’s Refusal to Consider Portions of Unum’s Regulatory Settlement Agreement Shows Importance of ERISA’s Pre-Litigation Appeals Process
A recent district court order deciding a long-term disability dispute highlights the importance of claimants with ERISA-governed claims to submit everything to the claims administrator that they might want a…
Tenth Circuit Affirms Award of Long-Term Disability Benefits to Employee Who Became Disabled During Lay-Off Notice Period
The Tenth Circuit Court of Appeals recently decided Carlile v. Reliance Standard Life Ins. Co., No. 19-4123, __F.3d__, 2021 WL 671582 (10th Cir. Feb. 22, 2021). This case presents a…
District Court Denies Dismissal for Failure to Exhaust Administrative Remedies; Highlights Importance of Communication About Appeal Procedures
In Ferguson v. BBVA Compass Bancshares, Inc., et al., No. 2:19-CV-01135-MHH, 2021 WL 662257 (N.D. Ala. Feb. 19, 2021), the district court considered Defendants’ motion to reconsider the court’s previous…
Court Upholds Reliance Standard’s Denial of Long-Term Disability Benefits to Surgeon with Mental Impairments
In this dispute over long-term disability benefits, Cruz v. Reliance Standard Life Insurance Company, No. CIV 18-0974 RB/SCY, 2021 WL 601827 (D.N.M. Feb. 16, 2021), the district court upheld Reliance…
Second Circuit Vacates Dismissal of Cigna’s ERISA Claim Against Laboratory Testing Companies, Finding Claim Subject Only to Equitable Doctrine of Laches
In Connecticut Gen. Life Ins. Co. v. BioHealth Labs., Inc., No. 20-2312-CV, __F.3d__, 2021 WL 476111 (2d Cir. Feb. 10, 2021), Plaintiffs, collectively “Cigna,” appealed the dismissal of their claims…
Ninth Circuit Finds Unum’s 2005 California Settlement Agreement Prohibits Self-Reported Symptoms Limitation in Allin Corporation’s Disability Plan
In Cox v. Allin Corporation Plan; et al., No. 16-15231, __F.App’x__, 2021 WL 613799 (9th Cir. Feb. 17, 2021), Plaintiff-Appellant Cox appealed the district court’s judgment in favor of Unum…
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