Category Archives: Fiduciaries

Administrator’s final denial letter must notify Claimant of time limits for filing suit.

According to Moyer v. Met Life Ins. Co., No. 13–1396, (6th Cir. 8/7/2014), 2014 WL 3866073,  __ F.3d __,), the failure to do so will excuse a reasonably late filing of a lawsuit. Mr. Moyer filed a claim disability benefits under an employer-sponsored disability insurance policy. The policy said: “[n]o lawsuit may be started more […]

View full post »

Insurance Companies Allowed to Keep Profits on Beneficiaries’ Money

Why do district courts ignore compelling Supreme Court precedent in ERISA benefits cases? In a recent case from Texas, Lopez v. Liberty Life, a district court judge did just that. And, unfortunately, it’s not unusual. But, they seem to do it only in ERISA benefits cases. The judicial cards are already stacked against a party […]

View full post »

Book Review: ERISA Benefits Litigation Answer Book 2013

I recently received an inquiry from the Practicing Law Institute asking whether I would be interested in reviewing a new book, ERISA Benefits Litigation Answer Book 2013, by Craig C. Martin and Amanda S. Amert. I googled the authors and discovered that they are partners at Jenner & Block, a firm of approximately 450 lawyers. […]

View full post »

The Good Guys Win Another One

Last week the Supreme Court of the United States refused to hear Unum Insurance Company’s application to review the decision of the 9th Circuit Court of Appeals in which that court ruled that Unum could not recover the amount of   Social Security benefits paid to one of its disabled insureds. Background In Bilyeu v. Morgan Stanley Long Term […]

View full post »

Kentucky Court Holds Insurer is Proper Party Defendant

An issue that crops up often in ERISA litigation is just who can be sued.  A strict interpretation of the statute would lead one to the conclusion that only the “plan administrator” can be sued.  Unfortunately, the plan administrator is often a fictitious entity with no assets and no ability to respond to a judgment. […]

View full post »