Life insurance is an option, as far as this author knows, under all ERISA plans. Life insurance is treated virtually the same as other benefits under ERISA plans. Here is a 2023, 19 page opinion from the United States Fifth Circuit Court of Appeals. The opinion is styled, Deepa Krishna…
How does an insurance lawyer know whether or not his insurance plan is governed by the Employee Retirement Income Security Act of 1974? Here is a November 2022 opinion that discusses how to determine whether or not an insurance plan is governed by ERISA. The opinion is from the Western…
Lawyers who handle claims related to the Employee Retirement Income Security Act of 1974 know how hard this cases can be. Unlike other types of claims, such as personal injury, auto wrecks, on the job injury, and medical malpractice, under ERISA, a prevailing claimant is only entitled to actual benefits…
Lawyers who handle Employee Retirement Income Security Act cases will want to know about this June 2022, opinion from the Northern District of Texas, Dallas Division. The opinion is a win for ERISA cases. It is styled, Michael Cloud v. The Bert Bell/Pete Rozelle NFL Player Retirement Plan. This case…
Here is a case wherein one of the issues was whether or not an employee was eligible for Long Term Disability (LTD) based on the definition in the policy of “full time” employee. This is a 2022, case is from the 5th Circuit Court of Appeals. It is an appeal…
Here is an opinion from the United States 5th Circuit dealing with ERISA. This particular case discusses the Employee Retirement Income Security Act of 1974 (ERISA). While the case is not a life insurance case, the ruling would also apply to life insurance situations. The style of the case is…
The Employee Retirement Income Security Act of 1974 (ERISA) applies to a lot of employer benefit plans. Each of these cases need to be examined by looking at the wording of the plan and the facts of the case. A 2021 opinion from the Northern District of Texas, Dallas Division,…
ERISA stands for Employee Retirement Income Security Act of 1974. The way ERISA cases are handled is unique from a legal perspective. This is illustrated in a 2021, opinion from the Eastern District of Texas, Sherman Division. The opinion is styled, Carol Sue Allen, Et Al. v. Sherman Operating Company,…
Lawyers who handle long-term disability (LTD) claims that are governed by the Employee Retirement Income Security Act of 1974 (ERISA), will want to read this opinion. The opinion is titled, Enrique Talamantes v. Metropolitan Life Insurance Company. It is a 2021, opinion from the United States Fifth Circuit. It is…
Life insurance denials are much more common than people realize. Most people would be of the opinion that once a person had paid for life insurance and then a death occurs, that the policy would pay. That is not the case. Here is an opinion from the Southern District of…