Tenth Circuit Finds Lawsuit Challenging Post-Retirement Life Insurance Premium Increases Preempted by ERISA
Tenth Circuit Finds Lawsuit Challenging Post-Retirement Life Insurance Premium Increases Preempted by ERISA
In Huff v. BP Corporation North America, Inc. et al., No. 23-5022, 2023 WL 8802698 (10th Cir. Dec. 20, 2023), the Tenth Circuit considered whether a retiree’s state law claims…
Third Circuit Rejects Claimants’ Bid to Participate in Chubb Corporation Benefit Plans Because They Were Not Eligible Employees
In Needham v. Chubb Corp., et al., No. 22-1829, 2023 WL 8711814 (3d Cir. Dec. 18, 2023), the Third Circuit considered the ERISA claims brought by Plaintiffs Needham and Dowman,…
Ninth Circuit: District Court Did Not Clearly Err in Finding that Plaintiff Was Not Disabled During Entire Elimination Period in ERISA LTD Policy
In Atanuspour v. Reliance Standard Life Insurance Company, No. 22-55765, 2023 WL 8663879 (9th Cir. Dec. 15, 2023), a short unpublished memorandum disposition, the Ninth Circuit affirmed the district court’s…
In Retiree Life Insurance Coverage Dispute, Eleventh Circuit Affirms Summary Judgment to Allstate Despite District Judge’s Ownership of Allstate Stock
Turner v. Allstate Insurance Company, No. 23-10187, 2023 WL 8667011 (11th Cir. Dec. 15, 2023) (Before: Jordan, Jill Pryor, and Branch, Circuit Judges). In a per curiam opinion, the Eleventh…
Fifth Circuit Joins Sister Circuits In Holding that the Collection of a Contractually Predetermined Fixed Fee Does Not Constitute a Fiduciary Act under ERISA
In D.L. Markham DDS, MSD, Inc. 401(K) Plan v. Variable Annuity Life Ins. Co., No. 22-20540, __F.4th__, 2023 WL 8642231 (5th Cir. Dec. 14, 2023), Plaintiffs D.L. Markham DDS, MSD,…
First Circuit Finds Plaintiff Waived Argument that ERISA Applied to Long-Term Disability Policy, But Certified to State Supreme Court Whether Policy’s Contractual Limitations Clause Violated Public Policy
In Smith v. Prudential Ins. Co. of Am., No. 23-1168, __F.4th__, 2023 WL 8446510 (1st Cir. Dec. 6, 2023), Plaintiff brought suit against his long-term disability (LTD) insurer, Prudential Insurance…
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