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
The Problem is ERISA
The Problem is ERISA, published by Johnston Law Office, focuses on legal issues surrounding the Employee Retirement Income Security Act (ERISA). The blog covers topics such as wrongful denial of insurance and pension claims, judicial standards of review in ERISA cases, fiduciary duties and prudence requirements for plan administrators, interpretations of policy terms including pre-existing condition exclusions, and emerging remedies like punitive damages against insurers. It discusses significant court decisions affecting ERISA litigation, including appellate and Supreme Court rulings, and addresses the challenges claimants face under ERISA's deferential abuse-of-discretion standard. The blog also highlights efforts to improve legal outcomes for ERISA claimants and critiques insurer practices under ERISA plans.
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Latest from The Problem is ERISA
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…