Clik here to view.
Supreme Court Will Not Review Ruling On Normal Retirement Age
WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 19 denied review of a Fourth Circuit U.S. Court of Appeals ruling that a cash balance pension plan sponsored by Bank of America Corp. did not...
View ArticleClik here to view.
Providers Lack ERISA Standing; Reimbursement Suit Dismissed
NEWARK, N.J. - A federal judge in New Jersey on Feb. 25 in an unpublished opinion granted a health insurer's motion to dismiss a reimbursement suit against it, saying that the assignment the plaintiff...
View ArticleClik here to view.
New Jersey Federal Judge Dismisses Reimbursement Suit, Finds Invalid Assignment
NEWARK, N.J. - A medical provider lacked standing under the Employee Retirement Income Security Act to bring a reimbursement lawsuit against a welfare benefit fund because it lacked a valid assignment,...
View ArticleClik here to view.
Participant Sues Over Denial Of Coverage To Same-Sex Spouse
PHILADELPHIA - A participant in a multiemployer welfare plan on Feb. 11 sued the plan and his employer, alleging that the plan's refusal to cover his same-sex spouse violated the terms of the plan and...
View ArticleClik here to view.
8th Circuit Denies Appeal Of Denial Of Class Certification In Revenue-Sharing...
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Feb. 13 ruled that it lacked jurisdiction to hear a 401(k) plan trustee's appeal of a district court's denial of class certification of claims...
View ArticleClik here to view.
6th Circuit: Fund Properly Terminated Disability Benefits Through Plan Amendment
CINCINNATI - The Sixth Circuit U.S. Court of Appeals ruled 2-1 on Feb. 15 that a multiemployer plan did not abuse its discretion in applying a plan amendment retroactively to terminate disability...
View ArticleClik here to view.
2nd Circuit Upholds Benefit Denial Based On Eligibility Requirement
NEW YORK - A federal district court properly held that a pension plan did not violate the Employee Retirement Income Security Act by denying disability benefits, even though the district court relied...
View ArticleClik here to view.
High Court Declines To Decide Whether Equitable Lien Is Enforceable Under ERISA
WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 19 denied review of a Ninth Circuit U.S. Court of Appeals' 2-1 ruling that a disability plan insurer may not enforce an equitable lien under the...
View ArticleClik here to view.
High Court Will Not Consider ERISA Misrepresentation Case
WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 19 denied review of a Sixth Circuit U.S. Court of Appeals ruling that 225 current and former employees of United States Steel Corp. (U.S. Steel) may...
View ArticleClik here to view.
Trigger Of Coverage For Asbestos Claims Is Clarified By Illinois Appeals Court
CHICAGO - Coverage for asbestos-related personal injury claims is triggered upon proof of exposure, sickness or disease and not all three, the First District Illinois Appellate Court, Second Division,...
View ArticleClik here to view.
Judge Remands Reinsurance Dispute Because Of Service- Of-Suit Clauses
NEW YORK - A federal judge in New York on March 11 granted an insurer's motion to remand an asbestos-related reinsurance dispute to state court, holding that the service-of-suit clauses in three of six...
View ArticleClik here to view.
Porter Hayden, Insurers Seek Further Rulings On Summary Judgment
BALTIMORE - Reorganized building products business Porter Hayden Co. on March 1 sought a declaration in Maryland federal court that its massive payments to asbestos personal injury claimants over the...
View ArticleClik here to view.
Tenn. Federal Judge Dismisses Benzene Suit After Parties Settle Coverage Claims
MEMPHIS, Tenn. - A Tennessee federal judge on March 8 dismissed a suit regarding coverage obligations for underlying benzene exposure injuries caused by W.M. Barr & Co.'s cleaning products after...
View ArticleClik here to view.
Oregon Appeals Panel Remands Attorney Fee Award For Recalculation
SALEM, Ore. - An attorney fee award entered in an insured's favor must be remanded because it includes fees for work performed concerning the duty to indemnify, a matter on which the insured was not...
View ArticleClik here to view.
Policies Were Not Properly Assigned, Illinois Appeals Panel Determines
CHICAGO - An insurer has no duty to defend an insured's successor against environmental contamination claims because the insurance policies at issue were not properly assigned to the successor company,...
View ArticleClik here to view.
No Occurrence In Coverage Territory Alleged, Ohio Appeals Panel Determines
CINCINNATI - An insurer had no duty to defend its insured in underlying suits arising out of the insured's financial support of terrorist groups because the underlying suits did not allege conduct that...
View ArticleClik here to view.
Award Of Retroactive Pension Benefits Is Proper, 4th Circuit Holds
RICHMOND, Va. - A federal district court properly considered evidence outside the administrative record in its decision awarding retroactive benefits to a pension plan participant who claimed that she...
View ArticleClik here to view.
5th Circuit: Monetary Damages May Constitute 'Appropriate Equitable Relief'
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Feb. 19 ruled that surcharge is a potential remedy under the Employee Retirement Income Security Act Section 502(a)(3) for breach of fiduciary...
View ArticleClik here to view.
4th Circuit: ERISA Doesn't Preempt Post-Distribution Suits Against Beneficiaries
RICHMOND - The Employee Retirement Income Security Act does not preempt a waiver provision in a property settlement agreement after the plan proceeds have been distributed by the administrator, the...
View ArticleClik here to view.
6th Circuit Remands Beneficiary Designation Claim To Plan
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Feb. 26 in an unpublished opinion remanded a claim by a person seeking to be named a beneficiary of a retirement plan to the plan's...
View Article