District Court Finds No Waiver of Evidence of Insurability Where Insured Paid Life Insurance Premiums for Ten Years
District Court Finds No Waiver of Evidence of Insurability Where Insured Paid Life Insurance Premiums for Ten Years
A recent decision, Shields v. United Of Omaha Life Insurance Company, No. 2:19-CV-00448-GZS, 2021 WL 982322 (D. Me. Mar. 16, 2021), involves an unfortunate situation of an employee who thought…
Fifth Circuit Excuses Claimant from Exhausting Administrative Remedies Because the Fund Did Not Substantially Comply with ERISA’s Notice Requirements
A recent decision from the Fifth Circuit Court of Appeals is a cautionary tale for plan administrators to comply with ERISA's notice requirements when they issue a benefit claim decision.…
Sixth Circuit Holds District Court Lacked Authority to Award Attorneys’ Fees and Decide ERISA Claim Subject to Mandatory Arbitration
In UAW International, et al. v. TRW Automotive U.S. LLC, No. 19-2252, __F.App'x__, 2021 WL 926527 (6th Cir. Mar. 11, 2021), the Sixth Circuit considered consolidated appeals where Plaintiffs, retirees…
Claim Under Montana’s Unfair Trade Practices Act for Overcharge on Medical Bill is Preempted by ERISA
In Meyer v. United Healthcare, Ins. Co., No. 20-35407, __F.App’x__, 2021 WL 930258 (9th Cir. Mar. 11, 2021), the Ninth Circuit affirmed the district court’s decision that Plaintiff-Appellant’s claim that…
District Court Permits Sun Life to Proceed with Fraud Counterclaim in Dispute Over ERISA-Governed Long-Term Disability Benefits
The ERISA claims and appeals process is rife for areas of disagreement. In what was filed as a run-of-the-mill long-term disability benefit lawsuit under the Employee Retirement Income Security Act…
District Court Finds Benefits Not Payable Under AD&D Policies Because Dismemberment Was Not the Sole Proximate Cause of an Accidental Injury
In Gray v. Minnesota Life Insurance Company, No. CV H-19-4672, 2021 WL 861298 (S.D. Tex. Mar. 8, 2021), the court had to decide whether a dismemberment is payable under the…
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