Category Archives: Full and Fair Review

An American Tragedy

            Act 1: A young parent secures a reasonably well-paying job with good benefits. In truth, because the family is young and dependent on her income, the fringe benefits are a significant factor in the decision to take the job. The new job holder feels secure in the knowledge that […]

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When does the Clock Start Ticking For the Deadline to File an ERISA Suit?

My Friend Steve Krafchick, one of the best ERISA lawyers in the country, handled a case for Ms. Julie Heimeshoff against Hartford. The insurance policy said that any suit for benefits against Hartford had to be filed within 3 years of the date proof of loss was first due. As a general rule, proof of […]

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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. […]

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Discovery in DeNovo Cases?

As most readers here know, the great advantage that ERISA insurers enjoy is that they control the information in the record, and the court can only reverse their determinations if the insurer (plan administrator) is arbitrary.  Another way of saying the same thing is that the decision of the plan administrator is entitled to great […]

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CALIFORNIA COURT FINDS METLIFE ARBITRARY AND CAPRICIOUS

In a decision handed down yesterday, Judge Vaughn Walker of the United States District Court for the Northern District of California granted judgment to a disabled employee whose benefits had been terminated.  Nolan v. Heald College, No. C 05-3399 (ND CA 8/27/2010). The court found that MetLife operated under a conflict of interest in that […]

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