In Fortier v. Hartford Life & Accident Ins. Co., 916 F.3d 74 (1st Cir. 2019) the U.S. Court of Appeals for the First Circuit clarified ERISA's timing requirements with respect to appealing an adverse benefits determination...more
2/12/2020
/ Administrative Appeals ,
Adverse Employment Action ,
Appeals ,
Denial of Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Equitable Relief ,
Exhaustion Doctrine ,
Long Term Disability Insurance ,
Motion to Dismiss ,
Notice Prejudice Rule ,
Plan Administrators ,
Reaffirmation ,
Right To Appeal ,
Statute of Limitations ,
Substantial Compliance
In Tifer v. New York Life Ins. Co., 2019 U.S. Dist. LEXIS 119702 (N.D. Fla. July 18, 2019), a U.S. District Court for the Northern District of Florida dismissed a state law claim for breach of fiduciary duty against an...more
2/12/2020
/ Breach of Contract ,
Breach of Duty ,
Burden of Proof ,
Denial of Insurance Coverage ,
Disability Insurance ,
Fiduciary Duty ,
Insurance Agents ,
Insurance Litigation ,
Motion to Dismiss ,
Pleading Standards ,
Special Relationship ,
State Law Tort Claims
In a ruling that could negatively impact employers, an Illinois federal judge has allowed the Equal Employment Opportunity Commission (“EEOC”) to proceed with a class action disability discrimination case against United...more