EBIA Weekly Archives - ERISA
Below is a list of EBIA Weekly articles in the category you selected.
To change or refine the scope of the articles listed, select a category below or perform a search in the column to the left.
We provide free access to our search engine and to the list of search results. The list will include the headline and an excerpt from each EBIA Weekly article that is retrieved as a result of your search.
The full searchable library of EBIA Weekly articles is available on Newsstand.
per page:
Results (1066 articles found)
-
- Insurer's Untimely Claim Denial Leads to Loss of Deferential Review
- From the November 19, 2009 EBIA Weekly
- The participant in this case sued the insurer of his employer-sponsored accidental death and dismemberment (AD&D) plan after it denied benefits. The participant argued that the trial court should apply the nondeferential, de novo standard of review ...
-
- Attorney's Letter Stating "Intention to Appeal" Was Not an Appeal
- From the November 19, 2009 EBIA Weekly
- The participant receiving long-term disability benefits in this case was notified by the insurer for her employer’s plan that benefits would be terminated because she was no longer disabled and that she had 180 days to appeal. ...
-
- ERISA TPA That Is Not a Fiduciary Must Face State-Law Breach of Contract Claims by Plan Sponsor
- From the November 12, 2009 EBIA Weekly
- The employer in this case sued the former TPA of its two self-insured medical plans for claims processing errors that allegedly created millions of dollars in additional costs for the plans. Asking the court to enter judgment in its ...
-
- EFAST2 PIN for Form 5500 Electronic Filing Is Plan Administrator's Signature and Must Not Be Shared
- From the November 12, 2009 EBIA Weekly
- A new question has been added to the DOL’s webpage of FAQs on EFAST2, the all-electronic filing system for Form 5500 filings beginning with 2009 plan years. (For information about other topics addressed in the previous EFAST2 ...
-
- DOL Issues Additional FAQs on Schedule C for 2009 Form 5500
- From the October 29, 2009 EBIA Weekly
- The DOL has issued 25 additional FAQs concerning the Schedule C disclosures for 2009 and later plan years. This guidance supplements a set of 40 FAQs issued last year. (See our Checkpoint Newsstand article.) Generally, both pension plans and those ...
-
- Insurer May Consider Relevant Nonmedical Information in Deciding Disability Claim
- From the October 22, 2009 EBIA Weekly
- The employee in this case argued that her claim for LTD benefits was improperly denied by the plan’s insurer. After her employer declined to renew her employment contract, the employee filed an LTD claim contending that she could ...
-
- Court Holds That QDRO Controls Determination of Life Insurance Beneficiaries Because Welfare Plan QDROs Are Not Preempted by ERISA
- From the October 15, 2009 EBIA Weekly
- In this case, a deceased employee’s third wife and the children of his first wife all claimed a right to the employee’s group life insurance benefits. The claim of the children was based on a state ...
-
- Oral Statements Allegedly Changing Plan Terms Did Not Support Claim for Fiduciary Breach
- From the October 08, 2009 EBIA Weekly
- In this case, executives of a subsidiary group that merged with its parent company sued the parent (and plan sponsor) for alleged oral misrepresentations about how their pensions would be calculated. According to the executives, they were promised that their ...
-
- Health Plan May Not Sue Under ERISA for Benefits Paid to Ineligible Former Spouse (but State-Law Claims May Still Be Possible)
- From the October 08, 2009 EBIA Weekly
- In a familiar fact pattern, the employee in this case failed to notify his group health plan after he and his covered spouse divorced. In the interim, the ineligible former spouse incurred over $13,000 in medical expenses that were ...
-
- Second Circuit Finds That Employer's Practice of Paying for Release Agreements Does Not Create an ERISA Plan
- From the October 08, 2009 EBIA Weekly
- In this case, a former employee argued that her employer’s ongoing practice of offering payments to certain terminating employees in exchange for signing release agreements was an ERISA plan. As background, ERISA applies only if there is a &#...
