Does ERISA Apply to County and City of Los Angeles Employee Disability Benefit Plans? Why You Should Care?

Posted in: Bad Faith, Church Plans, Disability Insurance, ERISA, Government Plans, Insurance Bad Faith December 08, 2017

Do you have a long-term disability claim with the County of Los Angeles, City of Los Angeles or another Los Angeles government organization? If so, you might be wondering: do the limited remedies available under a federal law called the …

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Department of Labor Announces Ninety-Day Delay in Implementing New ERISA Disability Insurance Regulations

Posted in: Disability Insurance, ERISA, Insurance Litigation Blog, Legal Articles December 06, 2017

Long-term and Short-Term Disability insurance cases dominate ERISA benefits litigation. According to the U.S. Department of Labor (“DOL”), the administrative agency given the authority to regulate employee benefits under, and to enforce the statutory provisions of, the Employee Retirement Income …

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Court Reinstates Disability Benefits Because Insurer's Vocational Expert Ignored Treating Physicians' Opinions

Posted in: Disability Insurance, Employee Benefits News, ERISA, Life Insurance November 23, 2017

When an insured becomes disabled and incapable of performing the duties of his or her occupation, long-term disability benefits can provide a much-needed form of substitute income. Given the potential importance of these disability insurance benefits, playing an active role …

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Robert McKennon and Stephanie Talavera Publish Article in the Los Angeles Daily Journal: "Ruling Clears Up Attorney Fees in ERISA Cases"

Posted in: Disability Insurance, Employee Benefits News, ERISA, Life Insurance, News, News Blog November 10, 2017

Unlike a state law claim for benefits under an individual insurance policy, an ERISA claim generally limits recovery to benefits due under the plan: prejudgment interest, declaratory or equitable (non-monetary) relief and attorneys’ fees. Accordingly, looming attorneys’ fees serve as …

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The Hartford Agrees to Purchase Aetna's Group Disability Insurance and Group Life Insurance Business

Posted in: Disability Insurance, Disability Insurance News, ERISA, Group Plans, Life Insurance, News Blog November 08, 2017

In a deal between two of the country’s largest disability insurers, The Hartford agreed to purchase Aetna Life Insurance Company’s group life insurance and disability insurance business for $1.45 billion. After the purchase, which is expected to close before the …

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California Court Affirms Decision Finding Bad Faith Where Insurer Interprets Policy Against Insured's Interests

Posted in: Attorneys Fees, Bad Faith, Commercial General Liability Insurance, Duty to Defend, Insurance Bad Faith, Insurance Litigation Blog, Life Insurance, Punitive Damages October 11, 2017

On August 31, 2017, the California Court of Appeal discussed a variety of topics touching upon important matters in insurance “bad faith” litigation in Pulte Home Corp. v. Am. Safety Indemnity Co., 14 Cal.App.5th 1086 (Aug. 31, 2017). In …

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Plan Administrators Cannot Violate their Fiduciary Duties by Failing to Provide Proper Notice of Policy Amendments; ERISA Plan Exclusions/Limits May Not be Enforceable

Posted in: Disability Insurance, Disability Insurance News, ERISA, Group Plans, Health Insurance, Insurance Litigation Blog, News Blog September 28, 2017

Summary Plan Descriptions (“SPD”) under ERISA are required to be given to plan participants, and they provide plan participants with the most important summary of plan terms they need to know regarding their ERISA governed plans.  ERISA requires SPDs to …

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