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 …

Read More
0

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 …

Read More
0

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 …

Read More
0

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 …

Read More
0

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 …

Read More
0

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 …

Read More
0

Ninth Circuit Grants a Small Reprieve to the Abuse of Discretion Standard of Review, Ruling That Discretionary Language Provisions in Self-Funded ERISA Will Apply

Posted in: Abuse of Discretion, De Novo Review, Disability Insurance News, ERISA, Insurance Litigation Blog, Standard of Review August 24, 2017

When litigating ERISA-governed short-term disability, long-term disability, life and medical insurance claims, a major consideration is which “standard of review” will apply to the Court’s review of the insurer’s decision – abuse of discretion or de novo.  The de novo …

Read More
0

Summary Plan Descriptions Under ERISA May Do More Than Summarize Your Benefit Plan

Posted in: American Lawyer Media and Martindale Hubbell, Disability Insurance, Disability Insurance News, ERISA, Group Plans, Health Insurance August 05, 2017

When individuals are enrolled in a group benefit plans, they are typically provided with a “Summary Plan Description” (“SPD”) which is a document that communicates plan rights and obligations to participants and beneficiaries under their ERISA plan. While the actual …

Read More
0