Michael Monteverde

Michael Monteverde

Fowler White Burnett, P.A.

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In the Wake of Heimeshoff, the 11th Circuit and Equitable Tolling of Reasonable Contractual Time Limitations

As all ERISA practitioners are now well aware, in Heimeshoff v. Hartford Life & Accident Ins Co., 134 S.Ct. 604 (2013), the United States Supreme Court provided that contractual time limitations provisions are enforceable in...more

7/7/2015 - Claims Limitations Period Contract Interpretation Equitable Tolling ERISA Heimeshoff v. Hartford Life & Accident Insurance Co. Statute of Limitations

Can't You Hear Me Knocking? Amending ERISA

On October 15, 2013, the United States Supreme Court issued its opinion in Heimeshoff v. Hartford Life & Accident Ins. Co., 134 S.Ct. 604 (2013). The specific question before the Court in that case, as expressly stated by...more

9/18/2014 - Contract Interpretation ERISA Heimeshoff v. Hartford Life & Accident Insurance Co. Limitation Periods SCOTUS Statute of Limitations

Welcome To The Jungle

What happens when a plan administrator relies on information received from a third party to make a denial of benefits decision under an ERISA plan? Does the plan administrator bear the burden of weighing the relative...more

6/20/2014 - Benefit Plan Sponsors Denial of Benefits Employee Benefits ERISA

I Can’t Get No SATISFACTION-- In the Eleventh Circuit, Is Discretionary Language Still "Satisfactory to Us"?

Ever since the United States Supreme Court addressed the question of whether a wholesale adoption of the "arbitrary and capricious" standard of review would be appropriate for judicial review of denial of benefit...more

6/6/2014 - Benefit Plan Sponsors Disability Benefits Employee Benefits ERISA

When Silence Isn't Silence: What is the Silence of Your ERISA Summary Plan Description Actually Saying?

It is well known that in enacting the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et. seq., Congress set forth a requirement that a Summary Plan Description ("SPD") be furnished to participants...more

5/19/2014 - Contract Interpretation ERISA Plan Administrators Retirement Plan Summary Plan Description

Will Heartbleed Affect Data Breach Insurance Coverage?

Although it is a widespread exploit that has been undetected for two years, whether or not a CGL policy covers data breaches allowed by Heartbleed should turn, simply, on whether the policy covers data breach at all...more

4/15/2014 - Commercial General Liability Policies Data Breach Data Protection First Glance Heartbleed Legal Perspectives Sony Zurich America Insurance Co.

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