Fifth Circuit Finds Blue Cross Did Not Abuse Its Discretion in Denying Continued Inpatient Treatment for Minor Following Fifth Suicide Attempt
Fifth Circuit Finds Blue Cross Did Not Abuse Its Discretion in Denying Continued Inpatient Treatment for Minor Following Fifth Suicide Attempt
In Michael P. v. Blue Cross & Blue Shield of Texas, No. 20-30361, __F.App’x__, 2021 WL 4314316 (5th Cir. Sept. 22, 2021), Defendants-Appellants Blue Cross and Blue Shield of Texas…
First Circuit Upholds Unum’s Application of Long-Term Disability Policy’s Self-Reported Symptoms Limitation
In Ovist v. Unum Life Ins. Co. of Am., No. 20-1464, __F.4th__, 2021 WL 4304547 (1st Cir. Sept. 22, 2021), the First Circuit considered whether Unum Life Insurance Company of…
Tenth Circuit: Hartford Fulfilled Its Obligation to Investigate the Existence of Beneficiaries in ERISA Life Insurance Dispute
In Hartford Life and Accident Insurance Company v. Jones-Atchison, et al., No. 20-6135, __F.App’x__, 2021 WL 4258761 (10th Cir. Sept. 20, 2021), Hartford Life and Accident Insurance Company brought an…
Ninth Circuit Vacates Class Relief Against UnitedHealth for Alleged ERISA Claims-Processing Violations of Lactation Benefit Claims
In Condry v. UnitedHealth Grp., Inc., No. 20-16823, __F.App’x__, 2021 WL 4225536 (9th Cir. Sept. 16, 2021), a now partially settled class action dispute over the payment of out-of-network lactation…
Ninth Circuit Revives ERISA Breach of Fiduciary Duty Claim for Company’s Misrepresentation of Lifetime Health Benefits
In Warmenhoven v. NetApp, Inc., No. 19-16960, __F.4th__, 2021 WL 4143107 (9th Cir. Sept. 13, 2021), Defendant-Appellee NetApp promised Plaintiff-Appellant Daniel Warmenhoven and other executives lifetime medical benefits under the…
Seventh Circuit Holds ERISA Claims Are Arbitrable but Arbitration Provision Forbidding Plan-Wide Relief Is Unenforceable
In Smith v. Bd. of Directors of Triad Mfg., Inc., No. 20-2708, __F.4th__, 2021 WL 4129456 (7th Cir. Sept. 10, 2021), Plaintiff-Appellee James Smith sued the fiduciaries of the Triad’s…
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