This month’s Friday Five examines cases applying an arbitrary and capricious standard of review and recent “church plan” jurisprudence, and cases that address the issue of a participant’s burden to prove that disease did not...more
This month’s Friday Five covers cases that explore a variety of situations where courts consider what level of deference, if any, they must provide in reviewing decisions made by ERISA fiduciaries....more
This month’s Friday Five covers cases relating to claims handling and the standard of review, as well as the proper parties to litigation.
Does using the same physician for initial claim review and appeal violate ERISA...more
This month’s Friday Five considers the potential impact of the DOL’s new regulations. We also cover recent cases relating to the important issues of overpayment recovery and AD&D policy coverage....more
This month’s edition of The Friday Five highlights the disparity in outcomes across the courts for and against insurers in this area of the law. With the new DOL regulations set to take effect in one month, we will be...more
ERISA cases related to life insurance policies and related benefits were the focus of a number of reported decisions at the end of 2017 and continuing into the new year. This month’s issue of The Friday Five highlights four...more
Invasion of Privacy Claim Preempted by ERISA. A Western District of Pennsylvania court granted the administrator’s Rule 12(b)(6) motion to dismiss the plaintiff’s invasion of privacy claim as preempted by ERISA. ...more
In This Issue:
- New York District Court Grants Summary Judgment for Reinsurer Where Insured’s Loss Did Not Reach Attachment Point Necessary to Trigger Coverage:
The United States District Court for the Southern...more
In This Issue:
- Southern District of New York Predicts That California Would Adopt Bad Faith Exception to Requirement That a Reinsurer Prove Prejudice for Late Notice Defense:
The United States District Court...more
In This Issue:
- District of New Jersey Stays Medical Malpractice Suit Pending Arbitration:
Finding that a dispute between a medical malpractice insurer and a reinsurance underwriter fell squarely within the...more
In This Issue:
- Assignment of Right to Collect on Reinsurance Treaty Held Not to Include Underlying Arbitration Clause:
On February 25, 2013, the United States District Court for the Northern District of...more
In This Issue:
- New York Court of Appeals Reverses Decision Requiring Reinsurers to Follow the Fortunes on Asbestos Settlement Where There Were Questions of Fact With Respect to Reasonableness of Reinsured’s...more
In This Issue:
Federal Court in Wisconsin Holds That It Lacks Jurisdiction to Address Disqualification of Counsel in Arbitration The United States District Court for the Western District of Wisconsin declined to...more
In This Issue:
- Southern District of New York Orders Arbitration Panel to Proceed with Umpire Selection:
Finding the Federal Arbitration Act mandates that a provision in a reinsurance agreement establishing a...more
12/18/2012
/ Arbitration ,
Arbitration Agreements ,
AT&T Mobility ,
Class Action ,
Federal Arbitration Act ,
Motion to Compel ,
Nitro-Lift Technologies ,
Non-Compete Agreements ,
Reinsurance ,
Waivers ,
Wells Fargo
In This Issue:
- Illinois District Court Finds Revenue-Sharing Agreement Between Reinsurer and Broker to be Ambiguous:
A Northern District of Illinois judge denied cross-motions for summary judgment filed by a...more
11/21/2012