Daily Archives: December 13, 2013

Rochow v. LINA: A Game-Changer in ERISA Disability Benefits Litigation

Posted in: Case Updates, Disability Insurance, Disability Insurance News, Equitable Relief, ERISA, Fiduciary Duty, Insurance Litigation Blog December 13, 2013

While this blog often discusses disability, life and health insurance/employee benefit decisions under the Employee Retirement Income Security Act of 1974 (“ERISA “), we rarely discuss federal circuit court of appeal decisions from outside the Ninth Circuit Court of Appeals (which governs California).  We are making an exception here, as a recent case from the Sixth Circuit Court of Appeals really caught our attention.  The case is Rochow v. Life Insurance Company of North America, __ F.3d ___ (6th Cir. December 6, 2013).  It is a “game-changer” in the world of ERISA disability, life and health insurance/employee benefit litigation, and could fundamentally change the way in which ERISA remedies are discussed and how these cases are litigated.  To say …

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