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Fourth Circuit Finds Life Insurance Policy Benefits Payable Where Insured Was Not Totally Disabled for 180 Days Before Policy’s Effective Date

Fourth Circuit Finds Life Insurance Policy Benefits Payable Where Insured Was Not Totally Disabled for 180 Days Before Policy’s Effective Date

In Morris v. Lincoln National Life Ins. Co., No. 19-1546, __F.App’x__, 2021 WL 1199005 (4th Cir. Mar. 30, 2021), Plaintiff-Appellant Stephanie Morris was the beneficiary of a life insurance policy…

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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…

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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).…

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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…

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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…

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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…

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