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Ninth Circuit Vacates Class Relief Against UnitedHealth for Alleged ERISA Claims-Processing Violations of Lactation Benefit Claims

Ninth Circuit Vacates Class Relief Against UnitedHealth for Alleged ERISA Claims-Processing Violations of Lactation Benefit Claims

In Condry v. UnitedHealth Grp., Inc., No. 20-16823, __F.App’x__, 2021 WL 4225536 (9th Cir. Sept. 16, 2021), a now partially settled class action dispute over the payment of out-of-network lactation…

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Seventh Circuit Finds Charter School Benefit Plans Fall Under ERISA’s Governmental Plan Exemption

In Graham v. Bd. of Educ., No. 19-2745, __F.4th__, 2021 WL 3508563 (7th Cir. Aug. 10, 2021), Plaintiff-Appellant Tamika Graham, representing herself pro se, appealed the dismissal of her complaint…

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EBSA Takes Position That ERISA Fiduciaries Must Provide Claimants With Any Audio Recordings Related to Adverse Benefit Determination

Yesterday, Eric Berger, Acting Chief, Division of Coverage, Reporting and Disclosure, in the Office of Regulations and Interpretations of the Employee Benefits Security Administration (EBSA) issued an informational letter concerning…

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Ninth Circuit Reverses District Court’s Determination that Claimant Waived Life Insurance Waiver of Premium Claim

If you have a claim for long-term disability benefits under an employer-provided plan governed by the Employee Retirement Income Security Act ("ERISA"), it is possible that you may qualify or…

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In Life Insurance Dispute, Tenth Circuit Declines to Adopt Blanket Duty of Investigation Rule for ERISA Claims Administrators

In Stachmus v. Guardian Life Ins. Co. of Am., No. 20-7019, __F.App’x__, 2021 WL 1590006 (10th Cir. Apr. 23, 2021), Plaintiff-Appellant, Michael Erick Stachmus, sought to overturn the district court’s…

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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…

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