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Author: Michelle Roberts

Your ERISA Watch – First Circuit Holds Denial of Accidental Death Benefits Due to Pre-existing Illnesses Was Not Abuse of Discretion

This week’s notable decision is Arruda v. Zurich Am. Ins. Co., No. 19-1247, __F.3d__, 2020 WL 880548 (1st Cir. Feb. 24, 2020), where the First Circuit parted from its sister circuits in declining to adopt a “substantial factor” test to…

Your ERISA Watch – Court Finds Collateral Estoppel Applies to Wit v. UBH Decision on Issue of Conflict of Interest in Residential Treatment Dispute

This week’s notable decision is Bain v. United Healthcare Inc., No. 15-CV-03305-EMC (N.D. Cal. Feb. 15, 2020), a case involving a dispute over residential treatment benefits.  What’s notable about this decision, and a couple of other decisions picked up this…

Your ERISA Watch – In Seventh Circuit, de novo ERISA Cases Are Reviewed Just Like a Breach of Contract Case

This week’s notable decision is Dorris v. Unum Life Ins. Co. of Am., No. 19-1701, __F.3d__, 2020 WL 524726 (7th Cir. Feb. 3, 2020), in which the Seventh Circuit stridently announced, “[a]t least in this circuit, ERISA de novo review…

Your ERISA Watch – Eleventh Circuit Affirms Judgment against Reliance Standard in Favor of Dentist in Long-Term Disability Dispute

This week’s notable decision is Kaviani, D.M.D. v. Reliance Standard Life Insurance Company, No. 19-11798, __F.App’x__, 2020 WL 506551 (11th Cir. Jan. 31, 2020), where the Eleventh Circuit characterized Reliance Standard’s long-term disability (“LTD”) determination as ignoring “uncontradicted record evidence…

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