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Your ERISA Watch – Another Loss for Retirees: Sixth Circuit Holds No Lifetime Healthcare Coverage

This week’s notable decision is a short unpublished decision from the Sixth Circuit, Zino, et al. v. Whirlpool Corp., et al., No. 17-3851, __F.App’x__, 2019 WL 644883 (6th Cir. Feb. 15, 2019).  The Sixth Circuit reversed the district court’s (N.D.…

Your ERISA Watch – No Preemption!  9th Circuit Revives Employers’ State-Law Claims Against Health Insurance Companies for Hidden Surcharges and Kickbacks

The first of this week’s notable decisions is The Depot, Inc. v. Caring for Montanans, Inc., No. 17-35597, __F.3d__, 2019 WL 453485 (9th Cir. Feb. 6, 2019), a published decision from the Ninth Circuit addressing fiduciary actions, plan assets, remedies…

Your ERISA Watch – Fifth Circuit Holds that Anthem Did Not Abuse Its Discretion in Denying Coverage for Bariatric Surgery

This week’s notable decision is Rittinger v. Healthy All. Life Ins. Co., No. 17-20646, __F.3d__, 2019 WL 391771 (5th Cir. Jan. 31, 2019), a case involving the denial of coverage for bariatric surgery and follow-up surgery for complications.  The Fifth…

Your ERISA Watch – Employer Must Pay Dependent Life Insurance Benefits to Employee Due to Failure to Provide Summary Plan Description

Today’s notable decision is a good one on equitable remedies, made possible by CIGNA Corp. v. Amara, 563 U.S. 421 (2011).  In Snitselaar v. Unum Life Insurance Company of America, 2019 WL 279995 (N.D. Iowa Jan. 22, 2019), Unum denied…

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