Insurance & ERISA Litigation Blog
Eighth Circuit Court of Appeals Finds ERISA Claimant Was Not Required to Exhaust Administrative Remedies Prior to Filing a Lawsuit Where Plan Documents Did Not Require Claimant to Do So
If an insurer has denied your claim for benefits under an ERISA group accidental death insurance policy, you may be left wondering what to do next, whether to appeal the…
The Basics of an ERISA Life, Health and Disability Insurance Claim – Part Eighteen: Reliability of Sources of Information and Breaches of Fiduciary Duty
In this several-part blog series titled The Basics of an ERISA Life, Health, and Disability Insurance Claim, we discuss the basics of an ERISA life, health, accidental death & dismemberment,…
Fundamentals of Filing a Life Insurance Claim
Is There A Time Limit For Filing a Claim Life Insurance? In most situations, there is no absolute deadline that a claimant must meet to make a claim for life…
Federal Court Finds Attorney Plaintiff Entitled to Long-Term Disability Benefits for Symptoms Consistent With “Long COVID”
It is well-established that disability insurance companies do not like to pay claims. One powerful way for an insurer to issue a facially plausible denial where a disability claimant has…
What is ERISA Litigation?
How Do ERISA Lawsuits Work? If you have employee benefits sponsored by your employer and are insured under a group insurance plan, you are entitled to certain benefits. Many of…
What are an Employer’s Duties of Under ERISA and What are Your Rights under ERISA?
What Is ERISA? ERISA is the Employee Retirement Income Security Act, the federal law enacted in 1974 that applies to employers’ group insurance plans. ERISA provides standards that insurers are…
Denied Life Insurance Due To Policy Lapse
Life insurance lapses when a (or multiple) premium payments are received by the company on the date it is due. You will generally get either a 30 or 60-day notice…
Denied Life Insurance Due To Misrepresentation
Before you take out any life insurance, the company will ask you a series of questions about your medical history and current health. You may be asked about the medications…
Can a Defined-Benefit Pension Plan Under ERISA Reduce Promised Benefits?
Most mid-size and large companies provide their employees with specific benefits, such as life insurance, disability insurance, health insurance and pension benefits. Such benefits can include a defined-benefit pension plan….
What To Do If Your Life Insurance Policy is Lapsed or a Life Insurance Claim Is Denied Because of Non-Payment of Premiums?
What Are the Reasons a Life Insurance Claim Is Denied? If your life insurance claim has been denied, there are a number of reasons an insurance company may deny a…