In an ERISA case, the plan administrator, upon request, is required to give a copy of the claims file to the insured. The most common way this occurs is when a claim is denied, the plan administrator informs the insured of the denial in a written letter and in the…
Statute of Limitations issues are not usually seen in ERISA cases, but here is one. This is a 2019, opinion from the Southern District of Texas, Houston Division. It is styled, Cynthia Sternberg v. Metlife Insurance Company. This case is currently before the Court on a Rule 12(b)(6) Motion to…
ERISA has it’s own set of rules and regulations and is unlike normal insurance that is governed by State laws and the Texas Department of Insurance. Here is a 2019, opinion from the Eastern District of Texas, Sherman Division, that deals with ERISA and a claim for Long Term Disability…
Here is yet another ERISA claim being denied by the Federal Courts. This case is from the United States Fifth Circuit Court of Appeals and is styled, Deo G. Shanker v. United Omaha Life Insurance Company. The District Court granted United’s summary judgment motion and this appeal followed. Shanker was…
ERISA lawyers are quick to tell potential clients the limitations of ERISA claims. One of those limitations is that little to no legal discovery is allowed in ERISA claims. This is discussed in an April 2019, opinion from the Northern District of Texas, Dallas Division. The case is styled, Jose…
After reporting just a few days ago about a significant victory on an ERISA case, today we are reporting on a loss from the 5th Circuit. This case is from Eastern District of Lousiana but the appeals court is the 5th Circuit which is the same appeals court for cases…
Insurance attorney who handle denied claims and in particular insurance attorneys who are willing to take on an insurance claim governed by ERISA claim which has been denied, needs to read this opinion from the Eastern District of Texas, Sherman Division. The case is styled, Gina Pike v. Hartford Life…
Lawyers who handle ERISA cases always have to explain to their clients that in ERISA cases, the administrative process has to be completed before a lawsuit can be filed. This is illustrated in this 2019 opinion from the Southern District of Texas, Houston Division case styled, Lisa K. Bunner v.…
Here is another case for life insurance lawyers to read and make part of their knowledge of life insurance cases involving ERISA. The case is from the Northern District of Texas, Dallas Division. The case style is, Stephanie Taylor v. Metropolitan Life Insurance Company. This ERISA life insurance case was…
How does Federal law work with the Texas Slayer Statute, Texas Insurance Code, Section 1103.151? This question is answered in the 1992, Fifth Circuit opinion styled, Metropolitan Life Insurance Co. v. White. This is a summary judgement case. Terri Yohey was the named insured under a group life insurance policy…