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Your ERISA Watch – Ninth Circuit Holds that Hawaii Statutes Restricting Insurers’ Subrogation Recovery Rights Are Saved from ERISA Preemption

This week’s notable decision is Rudel v. Hawai’i Management Alliance Association, No. 17-17395, __F.3d__, 2019 WL 4302895 (9th Cir. Sept. 11, 2019), where the Ninth Circuit made three significant determinations with respect to ERISA preemption of state laws regulating insurance. …

Your ERISA Watch – First Circuit Holds that Aetna Life Insurance Company Abused its Discretion in Applying Pre-existing Condition Exclusion to Malignant Melanoma

Should an employee’s disability caused by malignant melanoma be subject to a disability policy’s pre-existing condition exclusion where during an alleged “look-back” period the employee was referred to a dermatologist on suspicion of having basal-cell carcinoma?  The First Circuit recently…

Life Insurance Company of North America (Cigna) Improperly Denied Long-Term Disability Benefits

This week’s notable decision is Lapidus v. Life Insurance Company of North America, No. 4:18 CV 01291 JCH, 2019 WL 4089395 (E.D. Mo. Aug. 29, 2019), where the court found that the long-term disability claimant is entitled to benefits.  Since…

Happy 5th Birthday to ERISA Watch!

Today marks the five-year anniversary from the very first ERISA Watch newsletter that I sent out on August 29, 2014.  If you’ve been a subscriber since the beginning, you have received over 250 ERISA Watch case summary emails from me…

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