News & Analysis as of

Employee Retirement Income Security Act (ERISA) Life Insurance

Alston & Bird

Insurance Insights for the Dog Days of August

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Welcome to the inaugural issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, the California Supreme Court covers COVID-19 claims, Georgia...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - August 2024

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This month’s Friday Five explores decisions from around the country discussing differences between the scope of discovery and ability to add documents to the record on a claim for review challenging the denial of LTD...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - July 2024

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This month’s Friday Five explores decisions addressing the burden of proving accidental death, policy language and “any occupation” disability, an interpleader case where the insurer was not dismissed from the case, the...more

Stinson - Benefits Notes Blog

DOL Settlements Remind Employers to Avoid Collecting Premiums Until Evidence of Insurability is Approved

The U.S. Department of Labor (DOL) announced two settlements with major insurance companies this month that highlight the importance of employers avoiding the collection of group life insurance premiums from employees until...more

Groom Law Group, Chartered

Department of Labor Continues Focus on Eligibility Requirements for Group Life Insurance

The Department of Labor (“the Department”) recently announced that it entered into settlement agreements with two group life insurance carriers regarding the carriers’ evidence of insurability (“EOI”) practices. These recent...more

Troutman Pepper

Ninth Circuit Court of Appeals Restricts Out-of-Network Providers’ Ability to Avoid ERISA Preemption of State Law Claims

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On May 31, the Ninth Circuit Court of Appeals published an opinion in Bristol SL Holdings, Inc. v. Cigna Health and Life Insurance Company, which has significant implications for the healthcare industry, most notably by...more

Carlton Fields

Expect Focus - Volume II, May 2024

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Last Lap in SEC RILA Rulemaking Critical Unresolved Issues - Congress directed the SEC to adopt a new registration statement for registered indexed annuities (RILAs) by the end of June. Several months ago, the SEC...more

Carlton Fields

Litigation Lineup: Recent Decisions in Life and Disability Insurance Run into Policy Lapse, COVID-19, and Conflict of Interest...

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Life Policy Lapse Shortly Before Insured’s Death - In Simon v. USAA Life Insurance Co. (Mar. 29, 2024), the insurer denied death benefits under a term life insurance policy, which had lapsed for nonpayment of premium two...more

DRI

[Event] Boot Camp for New Life, Health, and Disability Lawyers - July 24th - 25th, Chicago, IL

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The DRI Life, Health, and Disability Committee is once again sponsoring a program aimed at providing a basic understanding of the concepts applicable to life, health, and disability litigation. The program, which receives...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - February 2024

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This month’s Friday Five explores decisions regarding the transfer of an ERISA action that was filed in a state where an insurer did not maintain sufficient minimum contacts, an award of attorneys’ fees, costs, and...more

Carlton Fields

Ringmaster’s Review: Fall 2023 Litigation on Parade

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In Ross v. Venerable Insurance & Annuity Co., a Missouri appellate court reversed judgment in favor of the named beneficiary of a flexible premium deferred annuity contract. Following the annuitant’s death, the beneficiary...more

Carlton Fields

Expect Focus - Volume I, January 2024

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Funds Not Caged by SEC Names Rule Amendments: Roaming Room Remains - The SEC recently adopted amendments to its investment company “names” rule that apply to most SEC-registered funds, including underlying funds in which...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - January 2024

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On Halloween, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced a $100,000 settlement under the Health Insurance Portability and Accountability Act (HIPAA) with Doctors’...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - November 2023

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This month’s Friday Five covers cases relating to petitions for attorneys’ fees, unpersuasive self-reported evidence of disability, and a dilatory attempt to augment the administrative record....more

Carlton Fields

Expect Focus - Volume III, September 2023

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Regulators Hit Jackpot: Off-Channel Communications - Several years before announcing the first “off-channel” communications enforcement action, the SEC and FINRA cautioned broker-dealers and investment advisers about...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - October 2023

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This month’s Friday Five explores recent decisions that range from the effect on disability benefits when medical records are not provided after two appeals, to a case that examines how an award of death benefits is...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - September 2023

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This month’s Friday Five explores decisions regarding the timeliness of appeals, the support necessary to sustain an LTD termination decision, a court’s discretion to credit and discredit expert opinions, the circumstances...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - August 2023

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This month’s Friday Five addresses two cases involving disability claims that touch on Covid-19, a Circuit Court ruling for an insurer, a district court ruling that a 20-year-old regulatory settlement precluded an insurer...more

Morgan Lewis - ML Benefits

Insurers: New DOL Investigatory Initiative Focuses on Evidence of Insurability Delays

A recent news release indicates that the US Department of Labor (DOL) has an investigatory initiative focused on the issue of “insurability” under life insurance benefits. This issue arises when insurance premiums are...more

Saul Ewing LLP

The Friday Five: Five Current ERISA Litigation Highlights - April 2023

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This month’s Friday Five explores recent decisions that reflect the precise nature of rules and definitions in the context of ERISA claims. For example, effective dates of CFR code provisions and contractually defined...more

Saul Ewing LLP

The Friday Five: Five Current ERISA Litigation Highlights - March 2023

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This month's Friday Five covers cases relating to issue preclusion, coverage where the policy terms are inconsistent with the parties’ behavior, application of the abuse of discretion standard of review, applicability of a...more

Saul Ewing LLP

The Friday Five: Five Current ERISA Litigation Highlights - January 2023

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This month’s Friday Five covers cases relating to discovery in ERISA benefits cases, an appellate court strictly interpreting ERISA regulatory deadlines, a district court authorizing an ERISA breach of fiduciary duty claim...more

Littler

First Circuit Creates New Fiduciary Duty Under ERISA for Insurers Accepting Group Premiums from Employers

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In a case of first impression for the court, the U.S. Court of Appeals for the First Circuit recently ruled that an insurer owes a fiduciary duty under the Employee Retirement Income Security Act of 1974 (ERISA) to all...more

Saul Ewing LLP

The Friday Five: Five Current ERISA Litigation Highlights - October 2022

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This month’s Friday Five covers cases relating to the interpretation of time periods for claims under life insurance and disability plans, a situation where three separate administrators handled a disability benefits claim...more

Carlton Fields

Circuit Courts Continue to Navigate ERISA’s Murky Waters

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The Sixth Circuit Court of Appeals ruled in Fulkerson v. Unum Life Insurance Company of America that the beneficiary of an ERISA-covered life insurance policy was not entitled to accidental death and dismemberment (AD&D)...more

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