Insurance lawyers needs to know about this ERISA case. It is from the U.S. District Court, Southern District of Texas, Houston Division, and is styled, Houston Metro And Spine Surgery Center, LLC v. BlueCross BlueShield of Illinois, et al. Houston Metro alleges BCBS failed to pay for medical services it…
ERISA lawyers can tell you how important the administrative record is when fighting adverse determinations in ERISA cases. This is illustrated in a 2017 case from the U.S. District Court, Southern District of Texas, Houston Division. The opinion is styled, Elaine Wilson v. Blue Cross and Blue Shield of Texas.…
Exhausting administrative remedies is the law when it comes to ERISA claims. This is again illustrated in a 2017 opinion from the U.S. 5th Circuit. The opinion is styled, Memorial Hermann Health System v. Southwest LTC, Limited Employee Benefits Plan; Southwest LTC, Limited. Memorial sued Southwest seeking payment of medical…
Llano life insurance agents need to know about this case from the United States 5th Circuit. It is a 2011 opinion styled, Araceli Medina Garcia v. American United Life Insurance Company. Araceli’s husband, Salvador, died in a car accident. He had a policy with American through his employer. The policy…
Most people who find themselves in court like to think they are entitled to a jury trial. Claims against ERISA insurance policies is one of those places where a jury trial is not permitted. A recent Southern District, Houston Division opinion illustrates this. The opinion is styled, Deo G. Shanker…
Dallas and Fort Worth lawyers who handle ERISA claims need to read this recent Eastern District of Texas, Sherman Division opinion. It is styled, Martha Shindoll v. United of Omaha Life Insurance Company. Shindoll had an ERISA plan through her employer that provided short and long term disability benefits. In…
Whether an insurance plan falls under ERISA (Employee Retirement Income Security Act) or not, is a question routinely asked. However, it is not a question easily answered. A Southern District, Galveston Division opinion helps. The opinion is styled, Kirstin Walker v. Regence Blue Cross Blue Shield of Texas. The is…
Lawyers who handle ERISA (Employee Retirement Income Security Act) claims need to read this opinion from the U. S. Western District, Austin Division. The opinion is styled, Genevie Ilene Maley, et al. v. Minnesota Life Insurance Co. In this case, the insured had, at various times named two beneficiaries. When…
Parker County lawyers know that insurance policy’s have to be read. Otherwise the result in a U.S. Eastern District of Texas case, can be the result. The case is styled, Rita Jones v. Hartford Life and Accident Insurance Company et al. This was a Rule 12(b)(6) Motion to Dismiss filed…
Attorneys who handle ERISA claims can tell you how difficult these ERISA cases are to win. When someone makes a claim under an ERISA policy, the plan administrator renders a decision. The claimant is advised how to appeal the decision if the claimant does not like the result. When the…