So the break from blogging has extended far longer than originally planned. Lest an entire calendar year pass without a post, let me lust say on New Year’s Eve that ERISA remains a problem for those who have insurance and
Johnston Law Office
Johnston Law Office is a legal practice that focuses on issues related to ERISA (Employee Retirement Income Security Act) and insurance law. The firm publishes detailed analyses and commentary on court decisions affecting ERISA claims, fiduciary duties, insurance policy interpretations, and pension plan administration. Its blog addresses topics such as judicial standards of review in ERISA cases, punitive damages against insurers, pre-existing condition exclusions, and fiduciary prudence in employee stock ownership plans. The content is aimed at clarifying complex legal doctrines and recent case law developments impacting claimants, insurers, and fiduciaries under ERISA.
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ERISA insurers subject to punitive damages? Yes, says New York federal court
Not much time today, and I’ll follow up on this later on, but this is a potentially big deal (indeed it will be a very big deal if it catches on).
Back in 2011 the Supreme Court opened the door…
Baby Steps: Two Recent Court of Appeal Decisions Move Deferential Judicial Analysis in the Right Direction
I used to tell clients that, if their case is subject to ERISA’s absurd
abuse-of-discretion, insurer-can’t-lose burden of proof (I refuse to call it
“standard of review” as many do, ‘cause that’s bogus
IMO) they need to win the…
Eighth Circuit: “Discretion” means insurers can retroactively change policy terms to defeat coverage
The Eighth Circuit today issued Kutten v. Sun Life Assurance Co. of Canada,an ERISA disability case about whether a pre-existing-condition exclusion in Sun Life’s disability policy precluded Mr. Kutten from receiving benefits he would otherwise have realized. Under the…
Score one for our side: Supremes get it right in Fifth Third Bancorp
It’s not very often we get a favorable decision from the Supreme Court these days, particularly a unanimous one, but that happened today in Fifth Third Bancorp v. Dudenhoffer. This ERISA pension case involved ESOPs – Employee Stock Ownership…
Judge Acker: the hits just keep on coming
Somewhere in judicial heaven there has to be an abundant bounty set aside for U.S. District Judge William M. Acker, Jr., whose work we’ve enjoyed many, many, times before. His latest single to go platinum for the Rising Judicial…
Three things to add to Market Intelligence Center’s Guide to Understanding Long-Term Disability Insurance
Joseph Favorito, a Certified Financial Planner, has an article up over at Market Intelligence Center entitled A guide to understanding long-term disability insurance. I think it’s a quite decent overview, and Mr. Favorito certainly does touch on the obstacles ERISA…
ChangeERISA.com — a site by someone who's dealt with ERISA's injustices firsthand
Luciana Baker had disability coverage, issued by Hartford, through her employment with Bloomberg news.
Luciana Baker became disabled.
ERISA allowed Hartford to cheat her out of promised benefits with impunity.
So Ms. Baker has started a website, trying to motivate…
What’s the big deal about time limits? I mean, how long can it take to bend over?
As we’ve discussed the Supreme Court will soon consider whether ERISA “insurers” can get away with unilaterally imposing time limits on your ability to start a lawsuit against them when they deny your benefit claim. If you want an example…
The ERISA time machine: when your claim is denied the clock is ticking faster than you know
ERISA, in addition to drastically limiting the remedies you might secure in the unlikely event you are able to prevail on a benefits claim in court, imposes strict deadlines for you to act in response to a denied claim. If…