Fifth Circuit Holds That Death Caused By Mishap During Insured’s Self-Treatment Falls Under Accidental Death Policy’s Medical Treatment Exclusion
Fifth Circuit Holds That Death Caused By Mishap During Insured’s Self-Treatment Falls Under Accidental Death Policy’s Medical Treatment Exclusion
In Lebron v. National Union Fire Insurance Company of Pittsburgh, Pennsylvania, et al., No. 20-20165, __F.App’x__, 2021 WL 1396574 (5th Cir. Apr. 13, 2021), the Fifth Circuit was tasked with…
Form Over Substance: District Court Decision Highlights the Importance of Attending Physician Statements in Long-Term Disability Claims Governed by ERISA
Kay v. Hartford Life and Accident Insurance Company, No. 19-CV-209-MMA (AHG), 2021 WL 1378742 (S.D. Cal. Apr. 12, 2021) involves a lawsuit for ERISA-governed long-term disability (“LTD”) benefits brought by…
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…
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