ERISA Watch – Third Party Disability Administrator Did Not Breach Fiduciary Duties For Reporting Substance Abuse to Employer
ERISA Watch – Third Party Disability Administrator Did Not Breach Fiduciary Duties For Reporting Substance Abuse to Employer
This weeks’ notable decision is out of the Tenth Circuit Court of Appeals and involves a denial of ERISA short term disability benefits. In Williams v. Fedex Corporate Services; Aetna…
ERISA Watch – State Law Action Against Doctors Reviewing Disability Plan Claim Is Preempted by ERISA
I will apply dietetic measures for the benefit of the sick according to my ability and judgment; I will keep them from harm and injustice. Translation from the Greek by…
ERISA Watch – Fiduciary Exception to Attorney-Client Privilege Applies to Insurance Companies
A la corporations are people, insurance companies are fiduciaries: at least when it comes to the fiduciary exception to the attorney-client privilege. In this week’s notable decision: McFarlane v. First…
ERISA Watch – First Circuit Holds That Arbitrator Decides Issue of ERISA Preemption
This week’s notable decision is Prime Healthcare Services - Landmark LLC v. United Nurses and Allied Professionals, Local 5067, No. 16-1161, __F.3d__, 2017 WL 462106 (1st Cir. Feb. 3, 2017). …
ERISA Watch – Fourth Circuit Holds Life Insurance Misrepresentation Claims Are Preempted by ERISA
This week’s notable decision is out of the Fourth Circuit Court of Appeals in the matter of Prince v. Sears Holdings Corporation, No. 16-1075, __F.3d__, 2017 WL 383370 (4th Cir.…
ERISA Watch – Discretionary Language in Summary Plan Description Does Not Confer Discretion Upon Long Term Disability Insurer
This week’s notable decision is a jewel out of the District of Arizona, Nieves v. Prudential Ins. Co. of Am., No. CV-16-00768-PHX-DGC, __F.Supp.3d__, 2017 WL 168039 (D. Ariz. Jan. 17,…
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