News & Analysis as of

Disability Insurance Litigation

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - May 2025

Saul Ewing LLP on

This month’s Friday Five explores decisions from around the country discussing the concept of reasonableness in various forms. One court rejected the parties’ proffered definitions of the term “working” and instead determined...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - April 2025

Saul Ewing LLP on

The April Friday Five covers cases determining futility of exhausting administrative remedies, the nuances of the pre-existing condition exclusion, ERISA preemption, and genuine issue of material fact over an employee’s...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - March 2025

Saul Ewing LLP on

This month’s Friday Five addresses cases covering ERISA preemption, the viability of a claim for benefits where the claimant alleges to have not received notice of a prior claim denial, an affirmance by the Circuit Court of a...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - February 2025

Saul Ewing LLP on

This month’s Friday Five covers an appellate ruling on a complicated case raising both state and federal claims, an instance of procedural improprieties in the administrative review process informing the court’s substantive...more

Carlton Fields

Case Closed: Overview of Life, Disability, and Long-Term Care Insurance Litigation

Carlton Fields on

In a split decision, the Tenth Circuit Court of Appeals recently affirmed summary judgment in PHT Holding I LLC v. Security Life of Denver Insurance Co., rejecting the plaintiff’s claim that the defendant-insurer breached the...more

Carlton Fields

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

Carlton Fields on

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

Kaufman & Canoles

Federal Cooperative Disability Investigations Program Establishes New Unit in North Carolina

Kaufman & Canoles on

The North Carolina Department of Insurance recently announced that a new investigative unit formed as part of the Cooperative Disability Investigations (CDI) Program will be located in Raleigh, North Carolina, with the goal...more

Sheppard Mullin Richter & Hampton LLP

A Primer on When a Cause of Action Accrues for Statute of Limitations Purposes

In Bennett v. Ohio Nat’l Life Assur. Corp., 92 Cal. App. 5th 723, the California Court of Appeal addressed when the statute of limitations runs for a disability insurance claim. The Court held that the statute of limitations...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - August 2023

Saul Ewing LLP on

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

Alston & Bird

Class Action & MDL Roundup – Spring 2021

Alston & Bird on

Welcome back to the Class Action & MDL Roundup! Our spring edition covers notable class actions from the first quarter of 2021. In this edition, the courts are beginning to split on COVID-19 cases, privacy litigants can’t...more

Carlton Fields

What’s the Alternative? Preclusion Doctrines and Alternative Holdings

Carlton Fields on

The U.S. Court of Appeals for the Sixth Circuit recently confronted the rare intersection of preclusion doctrines and alternative holdings in its decision in Pogue v. Principal Life Ins. Co., 2020 WL 6479662 (6th Cir. Nov. 4,...more

Haight Brown & Bonesteel LLP

Notice-Prejudice Rule Applies to Life Insurance Disability Premium Waiver Rider

In Lat v. Farmers New World Life Ins. Co. (No. B282008, filed 10/16/18), a California appeals court held that the notice-prejudice rule precluded a denial of life insurance benefits based on the insured’s failure to give...more

Seyfarth Shaw LLP

Timing is Everything: Tenth Circuit Overturns Insurer’s Disability Decision as Arbitrary and Capricious

Seyfarth Shaw LLP on

Even when a claims administrator approves a claim for disability benefits, its job is not done. That principle was again demonstrated in the recent case Owings v. United of Omaha Life Insurance Co., No. 16-3128 (10th Cir....more

Seyfarth Shaw LLP

Plotting A Course To Defeat Claims Of Insurer Bias

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a strong decision for insurers, the Eighth Circuit affirmed summary judgment for the administrator, rejected plaintiff’s conflict of interest argument, and found that it was not arbitrary for the...more

14 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide