District Court Holds Montana’s Slayer Statute is Not Preempted by ERISA
District Court Holds Montana’s Slayer Statute is Not Preempted by ERISA
In Hartford Life Insurance Company v. LeCou, et al., No. CV 19-17-BLG-SPW, 2021 WL 1312516 (D. Mont. Apr. 8, 2021), the US District Court for the District of Montana considered…
Eighth Circuit Affirms Award of Disability Benefits to Nurse Anesthetist Addicted to Fentanyl
In this dispute over ERISA-governed short- and long-term disability insurance benefits, Bernard v. Kansas City Life Ins. Co., No. 20-1593, 2021 WL 1244403 (8th Cir. Apr. 5, 2021), the Eighth…
Tenth Circuit Denied Panel Rehearing and Rehearing En Banc on ERISA Standard of Review Where Administrator Failed to Give Notice of Discretionary Authority
In Lyn M. v. Premera Blue Cross, 966 F.3d 1061, 1065 (10th Cir. 2020), a case involving the denial of ERISA-governed medical benefits, the three-judge panel including Judges Lucero, Bacharach,…
Eleventh Circuit Holds that ERISA’s Fee-Shifting Provision Cannot Support a Fee Award Against Counsel
Yesterday, in Peer v. Liberty Life Assurance Co. of Bos., No. 19-13974, __F.3d__, 2021 WL 1257440 (11th Cir. Apr. 6, 2021) , the Eleventh Circuit reversed the district court’s award…
Eighth Circuit Upholds Unum’s Interpretation of “Crime” Exclusion in AD&D Policy to Death Caused By Illegal Speeding and Passing Vehicles
In a dispute over the payment of accidental death benefits, Boyer v. Schneider Elec. Holdings, Inc., No. 19-3144, __F.3d__, 2021 WL 1244397 (8th Cir. Apr. 5, 2021), the Eighth Circuit…
Ninth Circuit Reaffirms: Ability to Sit for Four Hours a Day Means a Claimant Can Perform “Any Occupation” Under Disability Policy
In this short unpublished opinion, McCool v. Life Insurance Company of North America, No. 18-56529, __F.App’x__, 2021 WL 1235842 (9th Cir. Apr. 2, 2021), the Ninth Circuit affirmed the district…
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