ERISA Disability Insurance Claimants Take Note – Discovery Is Allowed In De Novo Review Cases

On Behalf of | Sep 14, 2015 | Disability Insurance News, ERISA, ERISA - Abuse of Discretion, ERISA - De Novo Review, ERISA - Standard of Review

Well-intentioned policymakers enacted the Employee Retirement Income Security Act of 1974 (“ERISA”) over forty years ago to provide for the protection of participants’ employee benefits in part by establishing a uniform set of rules to ensure efficient proceedings. ...

Group Life Insurer’s Literal Policy Interpretation Penalizing Insured for not working on Paid Holiday Rejected

On Behalf of | Sep 8, 2015 | Breach of Contract, Case Updates, Firm News, Life Insurance, Policy Interpretation

Group life insurance policies often have confusing language about when they become effective. A trial court recently interpreted one to mean that the policy had not become effective to a full-time employee, though he was already eligible for the coverage, because he...

ERISA Will Not Pre-Empt State Law Claims Under an Individual Conversion Policy

On Behalf of | Sep 3, 2015 | Bad Faith, Breach of Contract, Disability Insurance, Disability Insurance News, ERISA, Firm News, Insurance Litigation Blog

In an important victory for claimants, a United States District Court recently determined that a plaintiff who obtained an individual disability insurance policy through a conversion provision in an ERISA plan can pursue remedies in a state court under the newly...