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Eighth Circuit Holds Arkansas Law Banning Discretionary Clauses Does Not Apply to Disability Insurance Policy Renewed Prior to Law’s Effective Date

Eighth Circuit Holds Arkansas Law Banning Discretionary Clauses Does Not Apply to Disability Insurance Policy Renewed Prior to Law’s Effective Date

In Roebuck v. USAble Life, No. 19-1855, __F.3d__, 2021 WL 1216217 (8th Cir. Apr. 1, 2021), Plaintiff-Appellant Karen Roebuck appealed the district court’s order holding that USAble Life did not…

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Ninth Circuit Denies Writ of Mandamus Challenging Court’s Order to Transfer Case Pursuant to ERISA Plan’s Forum Selection Clause

In re Becker, No. 20-72805, __F.3d__, 2021 WL 1219745 (9th Cir. Apr. 1, 2021) (Before Siler, Rawlinson, and Bumatay). The Ninth Circuit denied Becker’s petition for a writ of mandamus…

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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

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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