This month’s Friday Five explores recent decisions with issues spanning physician power of attorney to preexisting exclusions and the fiduciary duty of an insurance company....more
6/7/2024
/ Compensation & Benefits ,
Disability ,
Disability Benefits ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
ERISA Litigation ,
Fiduciary Duty ,
Health Insurance ,
Insurance Industry ,
Power of Attorney ,
Reimbursements
This month's Friday Five discusses cases that probe the issue of what is appropriately considered in litigation regarding LTD benefits. Some cases seem to state the obvious, for example when a court issues an order directing...more
This month’s Friday Five covers recent cases relating to interpretation of the term, "own occupation," the appropriate remedy for termination of benefits where the administrator’s review was limited to the "own occupation"...more
This month's Friday Five covers three cases that address issues that can be critical for LTD insurers litigating matters in federal court, specifically issues related to injunctions, statutes of limitations and ERISA...more
This month’s Friday Five covers recent cases ruling on the scope of discovery, what qualifies as an "appeal" by a plaintiff and the applicability of California law precluding discretionary language in insurance policies....more
This month’s Friday Five covers recent cases ruling on the enforceability of self-reported symptom limitations in policies, the scope of the term "plan document," the propriety of an insurer’s reliance on surveillance over...more
This month's Friday Five covers cases relating to preemption, anti-assignment provisions, discretionary clause bans and the "de facto" administrator theory. We also examine a case upholding a denial of accidental death...more
This month’s Friday Five examines cases applying an arbitrary and capricious standard of review and recent “church plan” jurisprudence, and cases that address the issue of a participant’s burden to prove that disease did not...more
On November 29, 2017, the Department of Labor (DOL) further delayed and extended the applicability date of the 2016 Final Rule amending claims procedures for ERISA-covered employee benefit plans. Previously, the Final Rule...more