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Owner Of Withdrawing Employer Is Liable For Assessment, 7th Circuit Rules
CHICAGO - The owner of a company that withdrew from a multiemployer plan is personally liable for the company's withdrawal liability under the Employee Retirement Income Security Act, as amended by the...
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ERISA Applies In Dispute Over Benefits Under Converted Policy, Federal Judge...
NEW ORLEANS - The Employee Retirement Income Security Act preempts state law claims by a beneficiary of a life insurance policy, which was converted to an individual policy, on her allegations that the...
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Policy Termination Negates ERISA Claims In Life Insurance Dispute, Judge Rules
PIKEVILLE, Ky. - Because a decedent's life insurance policy had been canceled prior to her death, a Kentucky federal judge on April 30 held that the policy beneficiaries' claims brought under the...
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High Court Won't Review Ruling That Retirees Not Estopped From Litigating Claim
WASHINGTON, D.C. - The U.S. Supreme Court on April 22 declined to review a Sixth Circuit U.S. Court of Appeals ruling that retired employees are not precluded from litigating for themselves the...
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New York Justice Permits Insured To Amend Its Environmental Coverage Complaint
NEW YORK - A New York justice on April 25 allowed an insured seeking coverage for environmental liabilities to amend its complaint to drop defendant insurers, to add two additional sites for which it...
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Post-Settlement Attempts To Assert Bad Faith Constitute A Breach, Judge Rules
NEW ORLEANS - The Housing Authority of New Orleans (HANO) breached a 2009 settlement agreement with its commercial liability insurer by seeking to reassert claims for defense costs and bad faith...
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Factors Support Transfer To North Carolina Court, Fla. Federal Judge Determines
MIAMI - Because an insured's home that was damaged by a water leak is located in North Carolina and the majority of the witnesses involved in the case are located in North Carolina, a Florida federal...
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Court Finds Policy Excluded Property Damage Claims Related To Window Work
MILWAUKEE - A Wisconsin appeals court on April 30 affirmed a circuit court's decision in favor of an insurer, finding that coverage claims related to a glass company's allegedly negligent caulking work...
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Issue Of Fact Exists As To Whether Insured Took Reasonable Care, Judge Says
INDIANAPOLIS - An Indiana federal judge on April 29 denied motions for summary judgment regarding coverage under a policy's provision for freezing pipes because an issue of fact exists as to whether...
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Federal Judge Denies Insurer's Summary Judgment Motion Regarding Defense,...
ORLANDO, Fla. - A commercial general liability insurer's summary judgment motion regarding its duty to defend and indemnify an underlying construction case is premature, a Florida federal judge ruled...
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Insured Failed To Timely Raise Claim For Rainstorm Damage, Panel Concludes
BOSTON - An insured general contractor failed to timely raise a claim under its insurance policy for damages resulting from rainstorms at a construction site, a Massachusetts appeals panel affirmed May...
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Breach Of Contract Claim Does Not Allege 'Occurrence,' Alabama High Court Says
MONTGOMERY, Ala. - Counterclaims against insureds for breach of contract and negligence regarding cabinetry work do not allege an "occurrence" under a business liability insurance policy, the Alabama...
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Ohio Federal Judge Finds Issues Of Fact Exist In Food Contamination Suit
CINCINNATI - Because material issues of fact exist in a coverage dispute arising out of an insured's recall of its products potentially contaminated with salmonella, an Ohio federal judge on May 1...
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High Court: Plan Terms Govern ERISA Reimbursement Action Based On Equitable Lien
WASHINGTON, D.C. - The U.S. Supreme Court on April 16 ruled that a health plan administrator's claim for reimbursement against a plan participant under Employee Retirement Income Security Act Section...
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High Court Grants Cert, Remands ERISA Case In Light Of US Airways
WASHINGTON, D.C. - The U.S. Supreme Court on April 22 granted review of a Ninth Circuit U.S. Court of Appeals ruling regarding "appropriate equitable relief" under Section 502(a)(3) of the Employee...
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7th Circuit: Service Provider Isn't Fiduciary With Respect To Revenue Sharing
CHICAGO - A profit-sharing plan's service provider did not become a plan fiduciary within the meaning of the Employee Retirement Income Security Act by limiting the mutual funds offered to the plan...
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7th Circuit Applies Presumption Of Prudence, Dismisses Stock-Drop Case
CHICAGO - Fiduciaries of an employee retirement savings plan did not breach their duty of prudence by complying with the terms of the plan by continuing to offer employer stock as an investment option...
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Fiduciary Duty Claims Related To Alternative Investments Continue
SEATTLE - A federal judge in Washington on April 26 declined to dismiss claims that Morgan Stanley, a fiduciary of Weyerhaeuser Co.'s defined benefit pension plan, violated the Employee Retirement...
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Plan Administrator Didn't Breach Fiduciary Duties In Mental Health Parity Case
SEATTLE - A health plan administrator did not breach its fiduciary duties under the Employee Retirement Income Security Act by failing to modify its coverage certificates to reflect a court order that...
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High Court Denies Review Of Ruling Finding Nonfiduciary Liability
WASHINGTON, D.C. - The U.S. Supreme Court on April 15 declined to review a Third Circuit U.S. Court of Appeals ruling that a nonfiduciary financial planner who marketed a tax avoidance scheme as a...
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