In a June 14, 2021 information letter, the US Department of Labor (DOL) opined that a claimant appealing an adverse benefit determination under a plan covered by the Employee Retirement Income Security Act of 1974, as amended...more
6/29/2021
/ Audio Recording ,
Benefit Plan Sponsors ,
Claim Procedures ,
Customer Service Calls ,
Denial of Insurance Coverage ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Insurance Industry ,
Plan Administrators ,
Third-Party Service Provider
In conjunction with the start of the Supreme Court’s new term, Eversheds Sutherland took a look back at the Court’s work in employee benefit cases since the enactment of ERISA. We found an astonishing 128 decisions, spanning...more
10/23/2017
/ Collective Bargaining Agreements (CBA) ,
Constitutional Challenges ,
Discrimination ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Tax ,
Income Taxes ,
LMRA ,
Military Service Members ,
NLRA ,
SCOTUS ,
Uniformed Services Former Spouses' Protection Act
On August 1, 2017, the US District Court for the Northern District of Ohio held that insurance agents working under independent contractor agreements with an insurer were employees for purposes of pursuing pension and other...more
8/10/2017
/ Corporate Counsel ,
Employee Benefits ,
Employee Definition ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Insurance Agents ,
Insurance Industry ,
Internal Revenue Code (IRC) ,
Service Contracts
On June 5, a unanimous US Supreme Court reversed decisions of the US Courts of Appeal for the Third, Seventh, and Ninth Circuits, holding that a church-affiliated organization that establishes an employee benefits plan falls...more
An employee benefit plan that includes an alleged subsidization component for its basic and supplemental options is neither prohibited by the Employee Retirement Income Security Act of 1974 (ERISA) nor a violation of the plan...more
5/5/2016
/ Arm's Length Principle ,
Benefit Plan Sponsors ,
Class Action ,
Dismissals ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Hartford Insurance Company ,
Life Insurance ,
Misrepresentation ,
Popular ,
Unjust Enrichment
On August 26, the U.S. Court of Appeals for the First Circuit held in Vander Luitgaren v. Sun Life Ass. Co. of Canada, No. 13–2090, 2014 WL 4197947 (1st Cir. Aug. 26, 2014), that an insurer, acting as a claims administrator,...more