Breach of Fiduciary Duty under ERISA: Ninth Circuit Clarifies That Mere Disclosure of Plan Documents Is Insufficient “Actual Knowledge” to Trigger Statute of Limitations

On Behalf of | Jan 23, 2019 | Disability Insurance News, ERISA, ERISA - Fiduciary Duty, ERISA - Pension Benefits, ERISA - Statute of Limitations, Firm News, Insurance Litigation Blog

In pension and savings plan cases, it can often take several years before an employee realizes that there has been a breach of fiduciary duty.  Typically, an employee’s financial loss triggers an investigation that later reveals the facts of the breach.  But how long...

Court Says the Development of a Disabling Condition after Surgery for an Unrelated Condition Does Not Preclude Recovery of ERISA Disability Benefits under Pre-Existing Condition Exclusion

On Behalf of | Jan 16, 2019 | Disability Insurance News, ERISA, Firm News, Insurance Litigation Blog, Pre-existing Conditions

Insurance companies often seek to exclude insureds from coverage through their long-term disability (“LTD”) plans by asserting the pre-existing condition exclusion.  If an applicant for LTD benefits has a non-disabling condition or becomes disabled as a result of a...