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Insurance & ERISA Litigation Blog
How Community Property Interests Can Affect a Life Insurance Claim
When filing a life insurance claim, many policyholders and beneficiaries are unaware of the complexities that community property laws can introduce. In California, community property laws can play a significant…
Indiana District Court Limits What An Insurer Can Place in the Administrative Record Based on its Violations of ERISA’s Regulations Governing Timing of Claim Decision
The United States District Court for the Northern District of Indiana recently examined the issue of determining what constitutes the administrative record where an insurance company fails to meet regulatory…
United States District Court for the Northern District of California Clarifies the Standard of Disability Under the Employee Retirement Income Security Act
The U.S. District Court for the Northern District of California recently clarified what a claimant must demonstrate to meet the standard of “disabled” under the Employment Retirement Income Security Act…
How to Choose the Right Lawyer for an ERISA or Insurance Bad Faith Claim
If you have made or are considering making an insurance claim pursuant to the Employee Retirement Income Security Act (ERISA) or a bad faith claim, choosing the right lawyer can…
Why Do Disability Insurers Deny Disability Claims and How Do You Successfully Appeal an ERISA Disability Claim Denial
Reasons for Denials of ERISA Disability Claims Many people make career decisions with employee benefits in mind. Being covered by employer-sponsored health, life, and disability insurance can provide peace of…
How a Previous Divorce Can Impact Your Life Insurance Claim
Understanding Divorce’s Impact on Potential Life Insurance Benefits Typically, when policyholders purchase insurance such as life insurance, disability insurance, or accidental death and dismemberment insurance, they name one or more…
Statutes of Limitations for ERISA Claims: Critical Deadlines That Claimants Should Know
The Employee Retirement Income Security Act of 1974 (“ERISA”) governs most of the American public’s employee benefit plans, insurance, and pension benefits. It applies to most medical insurance, disability insurance, life…
Ninth Circuit Invokes the Substantial Compliance Doctrine to Affirm a District Court’s Decision Finding a Separation Agreement was a Qualified Domestic Relations Order
The passage of the Retirement Equity Act (“REA”) in 1984 marked a transformative shift in how retirement benefits are handled in cases of divorce, particularly for spouses who relied on…
Understanding the Timing Requirements for an ERISA Claim
Why Timing Matters for an ERISA Claim and What Timelines You May Need to Consider The Employment Retirement Income Security Act of 1974 (ERISA) provides specific requirements for how most…
Understanding the Economics of an ERISA Disability Case
The article outlines the economic implications of ERISA disability cases for both claimants and plan administrators. Claimants face lost wages and financial distress due to their inability to work, affecting…
