Quick time limitations in ERISA policies are not unusual. Failure to follow the limitations can be fatal to a claim. This is illustrated in a Houston Division, Southern District opinion styled, RedOak Hospital LLC, v. GAP Inc., and GAP Health and Life Insurance Plan. RedOak sued GAP under ERISA, Section…
As any ERISA attorney can tell you, the rules surrounding ERISA are tough. This is illustrated in a Fifth Circuit opinion styled, Kimberly D. Hendrix v. Prudential Insurance Company of America, et al. Hendrix appeals the summary judgment granted against her on her ERISA claims arising out of a life…
Employee Retirement Income Security Act (ERISA). These types of plans are loved by insurers and not so much by the insured. The reason is that so often, the decisions of plan administrators are final in that the courts uphold their decisions. A Southern District, Galveston Division opinion is good reading…
Here is an ERISA case from the United States Fifth Circuit Court of Appeals. It is styled, Lashondra Davis v. Aetna Life Insurance Company. It is an appeal from a summary judgment in favor of Aetna. The facts can be read from the case. The important issue in this case,…
Here is a read for lawyers handling ERISA cases. It is an opinion from the Southern District, Houston Division. The opinion is styled, Keith v. Metropolitan Life Insurance Company. For the facts in this case, read the opinion. This writing is a discussion of the law as it relates to…
Here is an ERISA case from the Southern District, Galveston Division. The case is styled, Unum Life Insurance Company of America v. Sandra Mohedano, et al. Before the Court is Plaintiff’s Motion for Attorneys’ Fees and Brief in Support. The Court had earlier granted Unum’s cross-motion for summary judgment while…
Here is another opinion for ERISA lawyers to read. The opinion is styled, Ricardo Rodriguez and All Others Similarly Situated v. Hartford Life And Accident Insurance Companyhttp://www.txs.uscourts.gov/offices/houston-division. It is from the Southern District, Houston Division. This is a motion to dismiss filed by Hartford and granted by the Court. Rodriguez…
ERISA lawyers will fight whether a prescribed treatment is medically necessary on a routine basis. The courts will interpret the policies in favor of the insurer. This case is from the Northern District, Dallas Division. It is styled, Charlize Marie Baker v. Aetna Life Insurance Co., et al. Baker, who…
The case discussed here is from the Houston Division, Southern District. The style of the case is Connecticut General Life Insurance Company, et al v. Elite Center For Minimally Invasive Surgery LLC, et al. This is a Motion for Clarification. Connecticut (Cigna) sued under ERISA, Section 502(a)(3) to enforce and…
Lawyers handling Employee Retirement Income Security Act (ERISA) cases need to read this 5th Circuit opinion. It is styled, Ariana M. v. Humana Health Plan of Texas, Incorporated. Ariana is a dependent eligible for benefits under the Eyesys Vision Inc. group health plan administered by Humana. The plan’s benefits include…