Insurance & ERISA Litigation Blog
Department of Labor Announces April 1, 2018 as Final Date For ERISA Claims Procedures Related to New ERISA Disability Insurance Regulations
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…
Exceptions to the Exhaustion Requirement: When is an Appeal Futile Under ERISA?
If an insurer recently denied your claim, do not ignore the appeal requirements stated in the denial letter or you may lose the right to pursue your benefits. The Employee…
Exhaustion of Administrative Remedies in ERISA: The Potential Death Knell of a Disability, Life or Health Insurance Claim
The Employee Retirement Income Security Act of 1974, or ERISA, establishes protections for most employee benefits offered through employer-sponsored benefit plans. ERISA requires that the plan and claims administrators adhere…
Cohorst v. Anthem: When Does Waiver Apply under ERISA?
The Employee Retirement Income Security Act of 1974, or ERISA, governs most employer-sponsored benefit plans. ERISA establishes protections for employees in the administration of their employer-sponsored benefits, requiring that the…
When the Clock is Ticking: The Interplay of the Contractual Limitations Period and the Statute of Limitations in a Disability Insurance Case
The Employee Retirement Income Security Act of 1974, otherwise known as ERISA, governs most employer-sponsored benefit plans, including short and long-term disability benefits, life benefits, accidental death and dismemberment benefits…
Does ERISA Apply to County and City of Los Angeles Employee Disability Benefit Plans? Why You Should Care
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…
Department of Labor Announces Ninety-Day Delay in Implementing New ERISA Disability Insurance Regulations
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…
Top 8 Tips for When You Take Your Insurer to Court
If you have a claim that has been wrongfully denied or are currently in the claims handling process, it is important to always keep in mind the potential impact of…
Court Reinstates Disability Benefits Because Insurer’s Vocational Expert Ignored Treating Physicians’ Opinions
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…
Robert McKennon and Stephanie Talavera Publish Article in the Los Angeles Daily Journal: “Ruling Clears Up Attorney Fees in ERISA Cases”
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)…