Legal Updates

• Practices: Life, Health, Disability & ERISA Litigation

37 matches.

• California Expands "No Pharmacist Left Alone" Pharmacy Staffing Requirements and Also Enacts New Safety Measures
  Health Care
  November 17, 2023
• District Court Finds Reduction in Monthly LTD Benefit Due to IRA Rollover Appropriate Under Plan Terms
  The LHD/ERISA Advisor
  October 13, 2021
• Court Rules LTD Benefits Properly Terminated After Plaintiff Failed to Undergo Recommended Surgery for Disability
  The LHD/ERISA Advisor
  October 12, 2021
• Court Rejects Insurer's Interpretation of its Own Policy Language on Limitations Period
  The LHD/ERISA Advisor
  October 8, 2021
• ERISA Exhaustion Requirement Not Satisfied by Verbal Appeal When Plan Required Written Appeal
  The LHD/ERISA Advisor
  October 6, 2021
• DOL Letter Indicates ERISA Plan Administrators Must Produce an Audio Recording or Transcript of Call Between Claimant and Plan Representative Upon Request
  The LHD/ERISA Advisor
  October 6, 2021
• Fifth Circuit Holds Amputation Not An Accident Under AD&D Policy Where Employee’s Underlying Medical Conditions Contributed to the Loss
  The LHD/ERISA Advisor
  October 1, 2021
• Ninth Circuit Joins Fourth Circuit in Holding that Equitable Estoppel is Barred Where Use Would Contradict Express Terms of an ERISA Plan
  The LHD/ERISA Advisor
  September 28, 2021
• Texas District Court Upholds Denial of LTD Benefits Because Claimant Did Not Prove Functional Limitations Within Benefit Waiting Period
  The LHD/ERISA Advisor
  September 22, 2021
• Citing Plan Ambiguity, Tenth Circuit Rules Becoming Disabled After Receiving Notice of Termination Did Not Preclude Employee From LTD Benefits
  The LHD/ERISA Advisor
  June 16, 2021
• Insurer's Likelihood to Deny Claim Does Not Excuse Claimant's Obligation to Exhaust Administrative Remedies Prior to Filing Suit
  The LHD/ERISA Advisor
  June 14, 2021
• Second Circuit Issues Statute of Limitations Ruling Favorable to Healthcare Plan Administrators
  The LHD/ERISA Advisor
  June 7, 2021
• Court Blocks Plaintiff's Attempt to Conduct Discovery Into Claim Review History of Medical Reviewer
  The LHD/ERISA Advisor
  June 7, 2021
• Sixth Circuit Upholds Denial of Accidental Death Benefits Under "Substantial Factor" Test
  The LHD/ERISA Advisor
  May 28, 2021
• Health Plan May Not Exclude Specific Autism Treatments
  The LHD/ERISA Advisor
  May 26, 2021
• Sparsely Pleaded Parity Act Lawsuit Survives Motion to Dismiss
  The LHD/ERISA Advisor
  May 26, 2021
• California Federal Court Rules in Favor of Equitable Tolling of Benefit Plan Limitations Period
  The LHD/ERISA Advisor
  February 25, 2021
• Sixth Circuit Upholds Denial of LTD Benefits by Decision Makers Employed by Another Entity Within the Plan Administrator's Corporate Family
  The LHD/ERISA Advisor
  February 25, 2021
• Ninth Circuit Affirms District Court May Consider Social Security Administration Ruling That Was Not Before the Plan Administrator
  The LHD/ERISA Advisor
  February 25, 2021
• Ninth Circuit Rules in Favor of Medical Provider in Dispute with Insurer Regarding Anti-Assignment Provisions
  The LHD/ERISA Advisor
  February 25, 2021
• ERISA Plan Entitled to Seek Reimbursement from Plan Beneficiary Who Recovered Damages in Tort Action Related to Underlying Accident
  The LHD/ERISA Advisor
  February 25, 2021
• Remand Order Constitutes Sufficient Degree of Success on the Merits to Justify Attorneys' Fees Award
  The LHD/ERISA Advisor
  February 25, 2021
• Court Ruling that ACA Gender Transition Mandate Violates Religious Liberty Illustrates Interplay Between ACA and ERISA
  The LHD/ERISA Advisor
  February 25, 2021
• Court Affirms Principle that Challenges to Benefits Determination Involving Mental Illness Limitation Require Specific, Concrete Evidence of Physical Factors
  The LHD/ERISA Advisor
  February 25, 2021
• Denial of Mental Health Treatment Benefits Ruled Improper under Milliman Care Guidelines
  The LHD/ERISA Advisor
  January 25, 2021
• Utah Court Rules ERISA Plan Was Wrong to Deny Coverage for Mental Health Care Received at Residential Treatment Facility
  The LHD/ERISA Advisor
  October 5, 2020
• Second Circuit Allows Breach of Fiduciary Duty Claim to Proceed Based on Misrepresentation of Benefits by ERISA Plan Administrator
  The LHD/ERISA Advisor
  October 5, 2020
• Tenth Circuit Finds District Court Applied Wrong Standard of Review in Evaluating Plan Administrator's Medical Necessity Determination
  The LHD/ERISA Advisor
  October 5, 2020
• ERISA Plaintiff Has Statutory Standing to Bring Action to Recover Spousal Healthcare Benefits
  The LHD/ERISA Advisor
  October 5, 2020
• Material Misrepresentations in Life Insurance Policy Application Justified Rescission by Insurer
  The LHD/ERISA Advisor
  October 5, 2020
• Summary Judgment in Favor of Insurer Reversed by California Appellate Court in Application of "Genuine Dispute" Doctrine
  The LHD/ERISA Advisor
  October 4, 2020
• Third Circuit Rules State Law Reimbursement Claims Brought by Out-of-Network Medical Provider Not Precluded by ERISA
  The LHD/ERISA Advisor
  October 4, 2020
• Ninth Circuit Holds Attorneys' Fees Cannot be Recovered as "Other Equitable Relief" under ERISA
  The LHD/ERISA Advisor
  October 3, 2020
• Ninth Circuit Finds ERISA Complaint Sufficiently Alleges Insurer had Waived Anti-Assignment Defense
  The LHD/ERISA Advisor
  October 2, 2020
• Insurance Coverage During Involuntary Legal Holds Under California Law
  The LHD/ERISA Advisor
  October 2, 2020
• District Court Holds Breach of Contract Claims are Time-Barred
  The LHD/ERISA Advisor
  September 29, 2020
• Six Things Insurers Need to Know About the DOL's Proposed Procedural Protections for Disability Claimants
  Life, Health & Disability Law Alert
  December 8, 2015