Attorneys handling ERISA claims will tell you the difficulties of ERISA claims and the ways to make sure those difficulties do not ruin the claim. A 2014, 5th Circuit Court of Appeals case needs to be read to see ways of avoiding some of the difficulties. The style of the…
ERISA lawyers will be watching this United States Supreme Court case. It is styled Montanile v. National Elevator Industry Health Benefit Plan. The Insurance Journal published a story discussing this case. The story is titled, Supreme Court in Bind Over Insurer’s Right to Insured’s Damages Money. Which do the conservative…
ERISA lawyers need to read the 2015 opinion from the U.S. District Court, Houston Division. It is styled, Michael Nall, et al, v. BNSF Railway Company, et al. Nall was an employee of BNSF Railway. He alleged that based on his employment he was entitled to receive certain benefits under…
The above question is always being asked by insurance lawyers when someone sees them about an insurance claim. Whether a claim is covered by ERISA or not, makes a huge difference in how the claim is handled. A little insight into whether a claim is an ERISA claim or not…
Lawyers handling ERISA claims will enjoy reading this 2015, Fifth Circuit opinion. It is styled, Rebecca Hamsher v. North Cypress Medical Center Operating Company, Limited. North Cypress provides health insurance to its employees through its self-funded Employee Benefit Plan (the “Plan”). As with many insurers, North Cypress must pre-approve certain…
Fort Worth lawyers who handle ERISA claims will need to read this opinion out of the U.S. District Court for the Southern District of Texas, Houston Division. It is styled, Sandra James v. Life Insurance Company of North America and Geico. This is an appeal of a Magistrates ruling on…
Parker County ERISA attorneys know the two documents needed to be reviewed in an ERISA case are the Certificate of Coverage (COC) and the “summary plan description.” The United States Court of Appeals for the Fifth Circuit issued an ERISA opinion in 2012, that is relevant to these documents. It…
Fort Worth ERISA attorneys already know that an ERISA case is not entitled to a jury trial. The U.S. District Court For The Southern District Of Texas Houston Division issued an opinion wherein that issue was a point of contention. The style of the case is Lucinda Francis v. South…
ERISA attorneys need to read a recent opinion from the U.S. District Court for the Western District of Pennsylvania. It is styled, US Airways, Inc. v. James E McCutchen and Rosen, Louik & Perry, P.C. The legal journey of this case is semi-complicated. What is relevant is that the employer,…
Forest Hill insurance lawyers who handle ERISA claims can tell you horror stories about the rulings and statutes that govern ERISA. The Washington Post published an article not long ago giving reasons and examples about some of the issues with ERISA life insurance claims. Life insurance companies want employers with…