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High Court Will Address Limitations Period, Notice In ERISA Benefits-Denial...
WASHINGTON, D.C. - The U.S. Supreme Court on April 15 agreed to review a Second Circuit U.S. Court of Appeals unpublished order upholding dismissal of a wrongful denial of disability benefits action...
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Law Prohibiting Discretionary Clauses Requires De Novo Review, Federal Judge...
CHICAGO - An Illinois statute prohibiting discretionary clauses in insurance policies applies to a disability policy governed by the Employee Retirement Income Security Act, where the policy was...
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No Panel Rehearing Of Termination Of Disability Benefits Through Amendment
CINCINNATI - A Sixth Circuit U.S. Court of Appeals' divided ruling that a multiemployer plan did not abuse its discretion in applying a plan amendment retroactively to terminate disability benefits...
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Termination Of Benefits Was Not Arbitrary, Capricious, 11th Circuit Holds
ATLANTA - A disability plan insurer did not violate the Employee Retirement Income Security Act by terminating long-term disability benefits because the insurer reasonably relied on the opinions of an...
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High Court Lets Stand 9th Circuit Ruling On ERISA Disability Benefit Offset
WASHINGTON, D.C. - The U.S. Supreme Court on April 22 denied review of a Ninth Circuit U.S. Court of Appeals ruling that the administrator of a plan governed by the Employee Retirement Income Security...
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3rd Circuit Affirms Penalty, Denial Of Attorney Fees For Late COBRA Notice
PHILADELPHIA - A federal judge properly imposed a $10 per day penalty on a former employer under the Comprehensive Omnibus Budget Reconciliation Act of 1986 (COBRA) because the former employer was 293...
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11th Circuit: Participant's Benefits-Denial And Disclosure Claims Fail
ATLANTA - A plan insurer's calculation of benefits due to a participant for his out-of-network surgery was not wrong under the plan terms, and the insurer did not violate the Employee Retirement Income...
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Federal Judge Upholds Benefit Denial Despite Faulty Administrative Claims...
MEMPHIS, Tenn. - A health insurance plan administrator's denial of benefits was not arbitrary and capricious, even though the administrator gave three different reasons for the denial at different...
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9th Circuit: Plan Properly Denies Benefits Based On Third-Party Injury Exclusion
SAN FRANCISCO - A multiemployer plan did not violate its fiduciary duties under the Employee Retirement Income Security Act by denying a participant's claim for medical benefits based on the plan's...
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Claims Against Blue Cross In Case Alleging Hidden Administrative Fees Continue
FLINT, Mich. - A federal judge in Michigan on May 3 declined to dismiss on statute of limitations grounds an employer's claim that Blue Cross and Blue Shield of Michigan (BCBS) violated the Employee...
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New Jersey Federal Judge Recuses Self From Reimbursement Class Suit
NEWARK, N.J. - A New Jersey federal judge on April 15 recused himself from a class action multidistrict litigation case involving a dispute over out-of-network reimbursement rates, saying he had a...
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New Jersey Federal Judge Declines To Recuse Self From Reimbursement Suit
NEWARK, N.J. - A New Jersey federal judge on April 15 declined to recuse himself from a case in which health plan participants are suing a health care insurer for using flawed data to calculate the...
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ERISA Preempts Puerto Rico Law Requiring Transfer Of Assets, Judge Rules
SAN JUAN, Puerto Rico - A Puerto Rico law that requires retirement plans governed by the Employee Retirement Income Security Act to disburse and pay plan assets corresponding to benefits accrued by...
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Pension Plan Properly Applied Benefit Calculation Method, 6th Circuit Rules
CINCINNATI - A pension plan administrator did not act arbitrarily and capriciously in violation of the Employee Retirement Income Security Act by determining that a participant elected to change the...
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Plan Properly Applied Break-In-Service Provision, 2nd Circuit Rules
NEW YORK - A pension plan did not act arbitrarily and capriciously by applying the plan's break-in-service provision in calculating a participant's years of vesting service, the Second Circuit U.S....
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Separation Benefit Is Subject To QDRO, 3rd Circuit Rules
PHILADELPHIA - A separation benefit that entitled an early-retirement eligible employee who was terminated as part of a reduction-in-force to the full amount that would have been payable if he retired...
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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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