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Category: Long-Term Disability

Your ERISA Watch – Court Reconsiders Application of Colorado State Ban on Discretionary Clauses Based on Disability Policy Amendments and SPD

There were so many notable and circuit court decisions from this past week it was hard to choose just one noteworthy decision.  I decided to go with one awesome decision that may not have gotten as much press coverage as…

Your ERISA Watch – Ninth Circuit Holds Insurer’s Failure to Issue a Final Decision on Disability Benefit Appeal Results in De Novo Review

This is the first ERISA Watch of 2019.  There weren’t a lot of decisions this past week due to the holiday.  I want to highlight a couple of unpublished Ninth Circuit decisions, both of which reversed the district courts’ grants…

Your ERISA Watch – Court Awards Plaintiff’s Attorney the Highest Rate Awarded in a Disability Case to Date

I’m pleased to report that today’s notable decision is a good one for ERISA plaintiffs and their attorneys.  What am I talking about?  Attorneys’ fees. In Dimry v. Bert Bell/Pete Rozelle NFL Player Ret. Plan, No. 3:16-CV-01413-JD, 2018 WL 6726963…

Your ERISA Watch – Court Rules that Payment and Acceptance of Long-Term Disability Insurance Premiums Does Not Guarantee Coverage

This week’s notable decision is a cautionary tale to employees about promptly enrolling in group benefit plans.  It’s also an example of a situation that may be prevented by the DOL’s recent announcement that employer’s may automatically enroll employees in…

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