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Category: Long Term Disability

Your ERISA Watch – Fifth Circuit Finds Limitations Period for Miscalculation Claim Began to Accrue Upon Notice of Benefit Calculation

Today’s notable decision is from the Fifth Circuit in Faciane v. Sun Life Assurance Co. of Canada, No. 18-30918, __F.3d__, 2019 WL 3334654 (5th Cir. July 25, 2019), where the court addresses the accrual of a limitations period applicable to…

Your ERISA Watch – Seventh Circuit Holds that “Substantial Compliance” Does Not Apply to Blown Deadlines

Hello, ERISA Watchers!  I’m bringing you this mid-week report to share yesterday’s stunning decision from the Seventh Circuit Court of Appeals in Fessenden v. Reliance Standard Life Ins. Co., No. 18-1346, __F.3d__, 2019 WL 2589122 (7th Cir. June 25, 2019). …

Your ERISA Watch – Fourth Circuit Enforces the Right to a Full and Fair Review under ERISA

This week I want to highlight two unpublished decisions from the Fourth Circuit Court of Appeals, both of which are plan participant friendly.  The first case, Odle v. UMWA 1974 Pension Plan, No. 18-1398, __F.App’x__, 2019 WL 2539260 (4th Cir.…

Court Finds Administrator’s Conflict of Interest and Procedural Irregularities Warrant De Novo Review

Piggybacking on last week’s notable decision discussion, this week’s notable decision is McIntyre v. Reliance Standard Life Insurance Company, No. CV 17-5134 (JRT/DTS), 2019 WL 2267054 (D. Minn. May 28, 2019), a case analyzing an insurer’s history of biased claims…

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