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Your ERISA Watch – Sixth Circuit Holds No Breach of Fiduciary Duty for Failing to Inform Participant of Life Insurance Conversion Right

This week’s notable decision is Vest v. Resolute FP US Inc., No. 18-5046, __F.3d__, 2018 WL 4905751 (6th Cir. Oct. 10, 2018).  The court affirmed the district court’s ruling that Plaintiff did not adequately plead a breach-of-fiduciary-duty cause of action…

Your ERISA Watch – Third Circuit Finds Supplemental LTD Policy Is an ERISA Plan and Physician’s Occupation Includes Specialty of Interventional Radiology

This week’s notable decision is McCann v. Unum Provident, No. 16-2014, __F.3d__, (3rd Cir. Oct. 5, 2018), where the Third Circuit addressed two principal issues:  whether a group insurance plan is governed by ERISA and whether the physician-claimant was incorrectly…

Your ERISA Watch – Fifth Circuit Issues Significant Decision on ERISA Law and Practice

Yesterday, the Fifth Circuit issued its decision in Manuel v. Turner Indus. Grp., L.L.C., No. 17-30835, __F.3d__, 2018 WL 4689974 (5th Cir. Oct. 1, 2018), which delves into “the labyrinthine complexities of ERISA law and practice.”  In so doing, the…

Your ERISA Watch – District Court Finds Claimant with Fibromyalgia Disabled and Shifts Burden of Mental Health Limitation to Insurer

Pursuing a disability claim when one is functionally impaired by symptoms related to fibromyalgia can be difficult.  That’s because plan administrators will insist upon “objective evidence” of disability and deny that corroborated “subjective” complaints meet the disability plan’s requirements.  For…

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