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When a Severance Release Does Not Reach Your ERISA Claim: C.D. California Holds a General Release Cannot Waive a Disability Claim That Had Not Yet Accrued
In Cude v. Lincoln National Life Insurance Company, No. 8:25-cv-00123-AH-KESx, 2026 WL 3036131 (C.D. Cal. Oct. 9, 2026), District Judge Anne Hwang of the United States District Court for the…
En Banc Eleventh Circuit Holds That ERISA Does Not Require Administrative Exhaustion of Statutory Claims, Including Breach of Fiduciary Duty Claims, and Overrules Four Decades of Circuit Precedent
In Bolton v. Inland Fresh Seafood Corp. of America, Inc., No. 24-10084, --- F.4th ----, 2026 WL 3056461 (11th Cir. Oct. 13, 2026), sitting en banc, the Eleventh Circuit overruled…
Can an ERISA Claimant Get Discovery Beyond the Administrative Record? Minnesota Court Permits Extra-Record Discovery on a Separately Pleaded Breach-of-Fiduciary-Duty Claim Against Unum
In Gibson v. Unum Life Insurance Company of America, No. 25-2711 (JWB/JFD), 2026 WL 2983259 (D. Minn. Oct. 5, 2026), a Minnesota federal court allowed an ERISA long-term disability claimant…
Does a Late ERISA Appeal Decision Cost the Insurer Deference? Court Reviews Hartford’s Long-Term Disability Denial De Novo and Vacates It
In Farley v. Hartford Life and Accident Insurance Company, No. 4:24-cv-00894-SEP, 2026 WL 2971836 (E.D. Mo. Sept. 30, 2026), the United States District Court for the Eastern District of Missouri…
S.D. Cal.: ERISA Governs a “Voluntary” Supplemental Disability Policy, and the Benefits Claim Falls Short
In Whitlock v. Provident Life and Accident Insurance Company, No. 25-cv-0964-AGS-VET (S.D. Cal. Sept. 30, 2026), the Southern District of California confronted a recurring question for anyone with an employer-offered…
No Deference, No Clawback: ERISA Court Rejects Unum’s Discretionary Review and Its Bid to Recover Alleged Overpayments
In Krambeck v. Unum Life Insurance Company of America, No. 8:24-cv-2102-TPB-NHA, 2026 WL 2935928 (M.D. Fla. Sept. 30, 2026), Judge Tom Barber of the United States District Court for the…
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