ERISA Watch – Against the Tide: Court Rules ERISA Preempts Cal Ins. Code 10110.6 as It Applies to a Self-Funded Disability Plan
ERISA Watch – Against the Tide: Court Rules ERISA Preempts Cal Ins. Code 10110.6 as It Applies to a Self-Funded Disability Plan
The California ban on discretion makes the headline again. In Martin v. Aetna Life Ins. Co., No. CV 15-7355-RSWL-FFMX, 2016 WL 6997484 (C.D. Cal. Nov. 30, 2016), Judge Ronald Lew…
ERISA Watch – Disability Plan Administrator Must Respond to Discovery Requests Concerning Documents Brought to its Attention
Welcome back! Hope everyone had a wonderful Thanksgiving break. We were pleased to return to a good discovery decision in one of our long term disability cases, Suson v. PNC…
ERISA Watch – Procedural Irregularities in Processing of Medical Benefit Claim Results in Exhaustion of Administrative Remedies and De Novo Review
This week’s notable decision is Easter v. Cayuga Med. Ctr. at Ithaca Prepaid Health Plan, No. 514CV1403BKSTWD, __F.Supp.3d__, 2016 WL 6820464 (N.D.N.Y. Nov. 15, 2016). There are a number of…
ERISA Watch – Long Term Disability Plan that Pays Benefits for Schizophrenia Must Also Pay for Schizoaffective Disorder
This week’s notable decision is Duncan v. Metro. Life Ins. Co., No. 2:15-CV-626TS, 2016 WL 6651317 (D. Utah Nov. 10, 2016), a victory for disability claimants. Duncan was diagnosed with…
ERISA Watch – Ninth Circuit Holds that DOT Definition of Sedentary Work Applies to ERISA Long Term Disability Claim
This week’s notable decision is a great one for disability claimants, at least those in the Ninth Circuit. In Armani v. Nw. Mut. Life Ins. Co., No. 14-56866, __F.3d__, 2016…
ERISA Watch – Six-figure Attorneys’ Fees Award Against Unsuccessful Plan Participant
This week’s scary notable decision is Langley v. Howard Hughes Mgmt. Co., LLC, Separation Benefits Plan, No. CV H-13-3595, 2016 WL 6208585 (S.D. Tex. Oct. 24, 2016), where the court…
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