District Court Finds Business Owner “Inadvertently” Created an ERISA Plan When the Company Offered and Paid for Its Employees’ Long-Term Disability Insurance
District Court Finds Business Owner “Inadvertently” Created an ERISA Plan When the Company Offered and Paid for Its Employees’ Long-Term Disability Insurance
A recent district court decision, Steigleman v. Symetra Life Ins. Co., No. CV-19-08060-PCT-ROS, 2021 WL 778605 (D. Ariz. Mar. 1, 2021), shows us how a business owner who purchases long-term…
Second Circuit Compels Arbitration of ERISA Claims—Arbitration Agreement Is Enforceable with Scope of Claims Provision Severed
In American Family Life Assurance Company of New York v. Baker, et al., No. 20-1435, __F.App’x__, 2021 WL 772281 (2d Cir. Mar. 1, 2021), the Second Circuit considered the enforceability…
Doctor Lacks Standing to Bring ERISA Claims Due to Health Plans’ Anti-Assignment Provisions
In Griffin v. Coca-Cola Refreshments USA, Inc., No. 18-10417, __F.3d__, 2021 WL 712419 (11th Cir. Feb. 24, 2021), the Eleventh Circuit decided consolidated appeals brought by Dr. Wakitha Griffin, a…
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…
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