Ninth Circuit Reverses District Court’s Determination that Claimant Waived Life Insurance Waiver of Premium Claim
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…
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…
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…
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,…
Ninth Circuit Denies Writ of Mandamus Challenging Court’s Order to Transfer Case Pursuant to ERISA Plan’s Forum Selection Clause
In re Becker, No. 20-72805, __F.3d__, 2021 WL 1219745 (9th Cir. Apr. 1, 2021) (Before Siler, Rawlinson, and Bumatay). The Ninth Circuit denied Becker’s petition for a writ of mandamus…
Fifth Circuit Holds Project Completion Incentive Plan Is Not an ERISA Plan Due to Lack of Ongoing Administrative Scheme
In Atkins v. CB&I, L.L.C., No. 20-30004, __F.3d__, 2021 WL 1085807 (5th Cir. Mar. 22, 2021), a dispute involving a bonus payment to employees who worked until the completion of…
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