The Employee Retirement Income Security Act (ERISA) provides various kinds of insurance to employees. The important thing for insurance lawyers to know about ERISA is that it is governed by Federal law and it preempts State law. This is illustrated in a 2020, opinion from the Western District of Texas,…
Here is a life insurance case which is governed by the Employee Retirement Income Security Act (ERISA). The opinion is from the Southern District of Texas, Houston Division. It is styled, Heidi Ballard v. Lincoln Life Assurance Company of Boston. The deceased had an accidental death life insurance policy which…
Here is a case worthy of all attorneys handling Employee Retirement Income Security Act (ERISA) cases should read and take note about. The opinion is from the Northern District of Texas, Dallas Division. It is styled, James W. Newsom v. Reliance Standard Life Ins. Co. The most noteworthy aspect of…
Here is an opinion for lawyers handling Employee Retirement Income Security Act (ERISA) cases. The opinion is a 2020, opinion from the Southern District of Texas, Houston Division, and is styled, Kimberly Holick v. Aetna Life Insurance Company. Holick was an employee of Parkway Chevrolet and covered under its Aetna…
Here is a case arising out of the Employee Retirement Income Security Act (ERISA) which involves life insurance. The case is from the Northern District of Texas, Lubbock Division. It is styled, Elizabeth Hernandez v. Unum Group v. Sara Hernandez and Jose Hernandez. The basic Facts are that Xavier Hernandez…
Attorneys who handle Employee Retirement Income Security Act (ERISA) cases need to be able to explain to potential clients how ERISA cases are handled / looked at, by the Courts. This is explained in a 2020 opinion from the Western District, San Antonio Division, case. The case is styled, Ramon…
Here is a 2020, case from the Southern District of Texas, Houston Division, that deals with life insurance wherein the life insurance plan is subject to the Employee Retirement Income Security Act (ERISA). The case is styled, Wagma Mina Huerta v. Metropolitan Life Insurance Company, et al. This case, filed…
ERISA stands for Employee Retirement Income Security Act. When making an insurance claim related to employment, it is important to know it the claim is subject to ERISA, which is governed by Federal Law, or not ERISA, in which case the claim is governed by State Law. Plus, there are…
Employee Retirement Income Security Act (ERISA). These cases are tough even under the best of circumstances. Lawyers who handle ERISA cases do not spend time advertising their great results. The reason is the ERISA law prohibits “great” results. A win is just getting what you should have received in the…
Many employer based insurance plans fall under ERISA. Understanding how the courts look at ERISA cases is important for life insurance lawyers to be able to discuss a case with a client. The United States Court of Appeals for the Fifth Circuit recently ruled on a case that involved a…