Court Rules That an Insurer Failed to Use Proper “Reasonable Continuity” Standard in Evaluating a Preexisting Condition that Disabled the Claimant

On Behalf of | Nov 29, 2018 | Disability Insurance, Disability Insurance News, ERISA, Firm News, Insurance Litigation Blog

Under many long-term disability insurance policies, the insured is considered disabled if he or she is unable to perform “with reasonable continuity” the important tasks, functions, and operations of his or her occupation for a specified period of time. If a plaintiff...

Breach of Fiduciary Duty under ERISA: Making the Insurer or Plan Administrator Responsible for their actions towards a Plan’s Participants and Beneficiaries

On Behalf of | Nov 6, 2018 | Accidental Death or Dismemberment, ERISA, ERISA - Equitable Relief, ERISA - Fiduciary Duty, Firm News, Insurance Litigation Blog, Life Insurance, Waiver & Estoppel

In a previous blog, we addressed the doctrines of equitable estoppel and waiver when the Employee Retirement Income Security Act of 1974 (“ERISA”) governs their insurance or pension plan.  As we explained, both doctrines provide an insured with methods of forcing an...