The Basics of an ERISA Life, Health and Disability Insurance Claim – Part Two: Filing an ERISA Disability Claim

On Behalf of | Aug 13, 2019 | Disability Insurance, ERISA, Firm News, Insurance Litigation Blog

In this several-part blog series titled The Basics of an ERISA Life, Health and Disability Insurance Claim, we discuss the basics of an ERISA life, health, accidental death and dismemberment and disability claim, from navigating a claim, to handling a claim denial and...

Cassim v. Allstate Insurance: Attorney’s Fees in Contingency-Fee “Bad Faith” Cases

On Behalf of | Jul 26, 2019 | Bad Faith, Disability Insurance, ERISA, ERISA - Attorneys' Fees, Firm News, Health/Medical Insurance, Insurance Litigation Blog, Legal Articles

Since 2004, when the California Supreme Court ruled that a “portion” of contingency attorney’s fees are recoverable in bad-faith insurance cases, plaintiffs and their lawyers have been able to recover attorney’s fees based in part on the specific terms of the...

McBean v. United of Omaha Life: Judge Anello Finds Employer Liable for Breach of Fiduciary Duty, Orders Payment of Life Insurance Policies’ Face Value under Equitable Surcharge Theory

On Behalf of | Jul 2, 2019 | ERISA, Firm News, Insurance Litigation Blog, Legal Articles, Life Insurance

McBean v. United of Omaha Life: Judge Anello Finds Employer Liable for Breach of Fiduciary Duty, Orders Payment of Life Insurance Policies’ Face Value under Equitable Surcharge Theory Application of the doctrine of “equitable surcharge” in ERISA has become a very...

In Harlow v. MetLife, Judge Bernal Brings Clarity to Disputes Involving “Reasonable” Attorneys’ Fees Adopting Standards Favorable to ERISA Claimants

On Behalf of | Jun 19, 2019 | Disability Insurance, Disability Insurance News, ERISA, Firm News, Insurance Litigation Blog, Legal Articles

The topic of attorneys’ fees has long been of interest to insurance lawyers and clients alike.  Recently, the courts have grappled with issues such as: When are attorneys’ fees recoverable? What types of billing practices are reasonable?  What are reasonable hourly...

Tenth Circuit Finds that Policy Terms in an ERISA Plan Did Not Unequivocally Grant an ERISA Administrator Discretion to Interpret Plan Terms, Applies De Novo Review

On Behalf of | May 17, 2019 | Disability Insurance, ERISA, ERISA - Standard of Review, Firm News, Insurance Litigation Blog, Policy Interpretation

Insurance companies acting as ERISA plan administrators often are guilty of abusing their discretion to interpret policy language related to the level of benefits payable to a claimant under a long-term disability (“LTD”) policy in a manner most beneficial to them,...

Ten Things to Consider and Look For in Your ERISA Life and/or Accidental Death and Dismemberment (AD&D) Insurance Plans When You Select Benefits or File a Claim

On Behalf of | Mar 18, 2019 | Accidental Death or Dismemberment, ERISA, ERISA - Administrative Record, ERISA - Statute of Limitations, Firm News, Insurance Litigation Blog, Insurance Questions and Concepts, Life Insurance

1. Obtain a full copy of your plan. The full plan will not typically be a benefit summary or a print-out from a website. It will be fairly long and many definitions and it will recite your ERISA plan terms, policies and procedures for filing a life insurance or...

Ten Things to Consider and Look For in Your ERISA Short-Term and Long-Term Disability Plans When Selecting Benefits or You Want to File a Claim

On Behalf of | Feb 28, 2019 | Disability Insurance, ERISA, ERISA - Administrative Record, ERISA - Statute of Limitations, Firm News, Insurance Litigation Blog, Insurance Questions and Concepts

1. Obtain a full copy of your plan and administrative record. The full plan will not typically be a benefit summary or a print-out from a website.  It will be fairly long and many definitions and it will recite your ERISA plan terms, policies and procedures for filing...

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...