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Tenth Circuit Finds UnitedHealthcare Abused Its Discretion by Failing to Consider Independent Ground for Coverage for Residential Treatment Benefits

Tenth Circuit Finds UnitedHealthcare Abused Its Discretion by Failing to Consider Independent Ground for Coverage for Residential Treatment Benefits

In Ian C. v. UnitedHealthcare Ins. Co., No. 22-4082, __F.4th__, 2023 WL 8408199 (10th Cir. Dec. 5, 2023), the Tenth Circuit determined that UnitedHealthcare Insurance Company’s (United) denial of residential…

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District Court Permits Unum to Countersue Claimant for Recovery of Overpaid Disability Benefits Due to Claimant’s Receipt of Social Security Disability Benefits

In Radle v. Unum Life Insurance Company of America, No. 4:21CV1039 HEA, 2023 WL 8449084 (E.D. Mo. Dec. 6, 2023), Missouri Eastern District Judge Henry Edward Autrey denied Plaintiff’s motion…

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District Court Finds Employer’s Benefit Plan Is Governed By ERISA, And Did Not Fall Within The Safe-Harbor Exception

In Steigleman v. Symetra Life Ins. Co., No. CV-19-08060-PCT-ROS, 2023 WL 7413668 (D. Ariz. Nov. 9, 2023), Arizona District Judge Roslyn O. Silver granted judgment to Symetra Life Insurance Company …

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Tenth Circuit Affirms Denial of Residential Treatment Benefits but Reverses Dismissal of Parity Act Claim

In E.W. v. Health Net Life Ins. Co., No. 21-4110, __F.4th__, 2023 WL 8042746 (10th Cir. Nov. 21, 2023), Plaintiff-Appellant appealed the district court’s grant of summary judgment to Health…

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In Matter of First Impression, Second Circuit Adopts Pleading Standard for Prohibited Transaction Claims under ERISA

In Cunningham v. Cornell Univ., No. 21-114-CV, __F.4th__, 2023 WL 7504142 (2d Cir. Nov. 14, 2023), the Second Circuit decided a matter of first impression in one of several similarly…

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District Court Overturns Unum’s Termination of Disability and Life Waiver of Premium Claims; Remands Claims to Unum to Decide Entitlement To “Any Occupation” Benefits

In Radmilovich v. Unum Life Ins. Co. of Am., __F.Supp.3d__, 2023 WL 7457118 (C.D. Cal. Nov. 7, 2023), California Central District Judge David O. Carter granted judgment to Plaintiff David…

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