In Cloud v. The Bert Bell/Pete Rozelle NFL Player Retirement Plan, No. 22-10710, __F.4th__, 2024 WL 1130511 (5th Cir. Mar. 15, 2024), the Fifth Circuit panel withdrew its opinion in Cloud v. Bert Bell/Pete Rozelle NFL Player Retirement Plan
Roberts Disability Law Blog
Latest from Roberts Disability Law Blog
Court Finds That The Risk Of Contracting Covid-19 And Unavailability Of Personal Protective Equipment Is Not An Injury Or Illness Within The Meaning Of Plaintiff-Physician’s Disability Policy
In Osborn v. The Paul Revere Life Insurance Company, No. 1:21-CV-00842-CDB, 2024 WL 1020486 (E.D. Cal. Mar. 8, 2024), a California Eastern District Magistrate Judge (assigned for all purposes) granted summary judgment to The Paul Revere Life Insurance Company,…
Sixth Circuit Finds Unum’s Conflict of Interest Did Not Motivate Its Decision to Terminate Long-Term Disability Benefits
In Harmon v. Unum Life Insurance Company of America, et al., No. 23-5619, 2024 WL 1075068 (6th Cir. Mar. 12, 2024), Plaintiff-Appellant Joey Harmon appealed the district court’s judgment in favor of Unum Life Insurance Company of America in…
Fifth Circuit Affirms Denial of Business Travel Accident Insurance Benefits Where Death Occurred During Unauthorized Business Trip
In Krishna v. National Union Fire Insurance Company of Pittsburgh, Pennsylvania, No. 23-20289, 2024 WL 1049474 (5th Cir. Mar. 11, 2024), the Fifth Circuit affirmed the district court’s grant of summary judgment in favor of Defendant National Union Fire…
Court Finds Unum’s Use of Nurse Review to Deny Long Term Disability Claim and Appeal Did Not Comport with ERISA Regulations
In Black v. Unum Life Ins. Co. of Am., No. 3:22-CV-2116-X, __F.Supp.3d__, 2024 WL 873536 (N.D. Tex. Feb. 29, 2024), Texas Northern District Judge granted partial summary judgment to Plaintiff, finding that Unum did not follow ERISA’s procedural requirements,…
Eleventh Circuit Affirms Dismissal of Health Provider’s ERISA Claims Due to Valid Anti-Assignment Provisions
In Griffin, MD v. Blue Cross Blue Shield Healthcare Plan of Georgia, Inc., et. al, No. 22-14187, 2024 WL 889560 (11th Cir. Mar. 1, 2024), the Eleventh Circuit considered the appeal of Dr. W. A. Griffin, proceeding pro se,…
Court Again Finds Reliance Standard Abused Its Discretion in Failing to Consider Long-Term Disability Claimant’s Risk of Future Harm from Cardiac Condition
In February 2023, Virginia Eastern District Judge T.S. Ellis, III granted partial summary judgment to Plaintiff finding that the plan administrator abused its discretion in failing to consider the risk of future harm from Plaintiff’s cardiac condition and remanded the…
District Court Finds Plaintiff Has Right to File Lawsuit for Long Term Disability Benefits Due to ERISA Plan’s Procedural Violations
In Witt v. Intel Corporation Long-Term Disability Plan, No. 3:23-CV-01087-AN, 2024 WL 687928 (D. Or. Feb. 16, 2024), Oregon District Judge Adrienne Nelson denied Intel Corp LTD Plan’s motion to compel exhaustion of administrative remedies and to stay proceedings…
First Circuit Finds Insurer Owed Fiduciary Duty under ERISA When It Increased Premium Rates for Group Long-Term Care Insurance
In Parmenter v. Prudential Ins. Co. of Am., No. 22-1614, __F.4th__, 2024 WL 613959 (1st Cir. Feb. 14, 2024), Plaintiff-Appellant Barbara Parmenter, on behalf of a putative class, appealed the district court’s dismissal of this action alleging that her…
District Court Grants Plaintiff Limited Discovery Upon Allegation of Insurer Bias In ERISA Benefits Action
In Dotson v. Metropolitan Life Insurance Company, No. CR 5:23-178-DCR, 2024 WL 532301 (E.D. Ky. Feb. 9, 2024), Kentucky Eastern District Chief Judge Danny C. Reeves granted Plaintiff’s motion to compel, finding that Plaintiff sufficiently alleged the existence of…