October 24, 2012 Tags: ACTIONS & defenses (Law), LAWYERS -- United States, LEGAL services, PRACTICE of law
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The article profiles David Raim, the chair and practice group co-ordinator of reinsurance and insurance group for Chadbourne & Parke LLP in New York. He had an extensive experience in dealing with handling domestic and international arbitrations and litigations for cedents and reinsurers. Raim and his practice group provide counseling to clients in the reinsurance and insurance industry on a wide range of subjects.
Read MoreOctober 20, 2012 Tags: ACTIONS & defenses (Law), INSURANCE, LAWYERS, REINSURANCE
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The article discusses a court case where the circuit court held that plaintiff’s Crosby’s discovery request should have been granted since it was calculated to result in the discovery of admissible evidence and remanded Crosby’s motion for discovery.
Read MoreAugust 13, 2012 Tags: ACTIONS & defenses (Law), ADMISSIBLE evidence
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The article discusses a court case related to life insurance payments particularly the facility-of-payment clause where the Seventh Circuit, upon the insurer’s decision under an abuse-of-discretion standard, ruled that the insurer followed the facility-of-payment clause in paying benefits.
Read MoreAugust 11, 2012 Tags: ACTIONS & defenses (Law), LIFE insurance
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The article discusses several court cases related to fiduciary duty. In Faber v. MetLife, the Second Circuit sided with the U.S. Department of Labor which held that in creating a checking account for beneficiaries, MetLife did not act as a fiduciary to an employee benefit plan and MetLife’s actions did not violate the Employee Retirement Income Security Act (ERISA). In Renfro v. UNISYS, the district court dismissed plaintiff’s claims against UNISYS and held UNISYS offered a sufficient mix of investments for their participants and there was no rational trier that UNISYS violated an ERISA fiduciary duty. In Santomenno v. John Hancock Life Insurance Co., the court dismissed the case and concluded that the right to recover excessive fees belonged to the plan and not the participants.
Read MoreAugust 11, 2012 Tags: ACTIONS & defenses (Law), EMPLOYEE fringe benefits, FIDUCIARY responsibility, RETIREMENT
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The article discusses several court cases related to the exhaustion of remedies. In Angevine v. Anheuser-Busch Pension Plan the Eight Circuit dismissed the case after ruling that an administrative appeal would not have been futile. In the Barboza v. California Association of Professional Firefighters, the court held that failure of the plan to decide on Barboza’s disability claim within 45 days upon it submission served as a deemed exhaustion of Barboza’s claim for benefits.
Read MoreAugust 11, 2012 Tags: ACTIONS & defenses (Law), EMPLOYEE fringe benefits, EMPLOYERS' liability, EXHAUSTION of administrative remedies, WORKERS' compensation
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The article discusses several court cases related to the Employee Retirement Income Security Act (ERISA). In the Dakota, Minnesota & Eastern Railroad v. Schieffer, the court held that the benefits given to just one employee in an individual employment agreement do not constitute ERISA benefits. In Loffredo v. Daimler AG, the court noted that ERISA provision with respect to fiduciary duties are not applicable to a company’s top-hat plans although top-hat plans are governed by the enforcement and preemption provisions of ERISA.
Read MoreAugust 11, 2012 Tags: ACTIONS & defenses (Law), EMPLOYEE fringe benefits, RETIREMENT -- Planning, RETIREMENT income -- Law & legislation, TRUSTS & trustees -- Accounting
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The article discusses a court case where the court held that plaintiff McCravy was not entitled to seek proceeds under an accidental death plan sponsored by her employer to which she was a participant. McCravy sough benefits under the policy after her daughter aged 25 died and filed suit in federal court against MetLife on allegations that the latter’s actions constituted a breach of fiduciary duty under the Employees Retirement Income Security Act (ERISA). The district court ruled that her state law claims were preempted by ERISA and that while she was not entitled to recover full benefits, she can recover the premiums withheld by MetLife for coverage she never actually had on the life of her daughter.
Read MoreAugust 10, 2012 Tags: ACCIDENT insurance, ACTIONS & defenses (Law), BREACH of fiduciary responsibility, EMPLOYEE fringe benefits, PROCEEDS
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The article discusses several court cases related to communications. In Enger v. AT&T, the Third Circuit upheld the district court’s summary judgment on all of Engers’ claims and concluded that AT&T’s amended pension plan adequately complied with the obligation to provide a complete summary plan description under the Employees Retirement Income Security Act (ERISA). In Withrow v. Halsey Plan, the Ninth Circuit reversed the district court’s ruling and ruled that in order for a claim to be barred by the statute of limitations (SOL), it should either be contractually barred by the limitations period in the policy or barred by the applicable state SOL. In Kough v. Teamsters Local 301 Pension Plan, the Seventh Circuit held that the original letter did not comply with ERISA claims regulations.
Read MoreAugust 9, 2012 Tags: ACTIONS & defenses (Law), COMMUNICATION, EMPLOYEE fringe benefits, LIMITATION of actions, PENSION trusts, RETIREMENT
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The article discusses a court case where defendant CUNA Mutual Insurance Society’s right to amend or terminate benefits was allowed by its health care plan document.
Read MoreAugust 8, 2012 Tags: ACTIONS & defenses (Law), EMPLOYEE fringe benefits
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