Ninth Circuit: District Court Did Not Clearly Err in Finding that Plaintiff Was Not Disabled During Entire Elimination Period in ERISA LTD Policy
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Atanuspour v. Reliance Standard Life Insurance Company, No. 22-55765, 2023 WL 8663879 (9th Cir. Dec. 15, 2023), a short unpublished memorandum disposition, the Ninth Circuit affirmed the district court’s…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…
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…
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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