EBIA Weekly Archives - ERISA - Court Cases

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Results (787 articles found)


  1. TPA That Performed Ministerial Functions Was Not a Fiduciary
    From the December 18, 2008 EBIA Weekly
    According to the DOL, a person who performs plan administrative functions that are purely ministerial “within a framework of policies, interpretations, rules, practices and procedures made by other persons” is not a fiduciary. The DOL also has provided ...
    [Wasmund v. Meritain Health, Inc., 2008 WL 4415199 (W.D.N.Y. 2008)]
  2. Trial Court Dismisses Retirees' Claims That Terminating Their Medical and Prescription Drug Benefits Violated the ADEA
    From the December 11, 2008 EBIA Weekly
    This is the first decision we’ve seen that applies the 2007 final EEOC regulations exempting Medicare coordination for retirees from the ADEA (see our article at http://www.ebia.com/WeeklyArchives/GHPM/Statutes/19256 (Premium Access subscription required)). ...
    [Fulghum v. Embarq Corp., 2008 WL 5109781 (D. Kan. 2008)]
  3. Hospital Not Entitled to Notification That Participant Was in COBRA Election Period
    From the December 11, 2008 EBIA Weekly
    The hospital in this case, an assignee of an HMO participant, brought COBRA and state-law negligent misrepresentation claims against the HMO and the participant’s former employer, asking for reimbursement for medical services it had provided to the ...
    [Tenet Healthcare Ltd. v. Unicare Health Plans of Texas, Inc., 2008 WL 5101558 (S.D. Tex. 2008)]
  4. ERISA Claims Procedure Violation Does Not Entitle Employee to Reinstatement of Disability Benefits
    From the November 26, 2008 EBIA Weekly
    In this case, an employee’s claim for long-term disability benefits was initially denied on the ground that she was not disabled within the meaning of the plan. After a court-ordered independent medical examination affirmed the employee&#...
    [Gagliano v. Reliance Standard Life Ins. Co., 2008 WL 4916330 (4th Cir. 2008)]
  5. Participant Not Entitled to Additional Review of Denied Disability Claim
    From the November 20, 2008 EBIA Weekly
    The participant in this case, an accountant, claimed she was unable to work due to arthritis and sought benefits under her employer’s LTD plan. The plan’s insurer denied the claim based on medical reports suggesting that, ...
    [Balmert v. Reliance Standard Life Ins. Co., 2008 WL 4404299 (S.D. Ohio 2008)]
  6. No Remedy Under ERISA for Employer's Failure to Mail Life Insurance Conversion Forms to Correct Address
    From the November 06, 2008 EBIA Weekly
    The beneficiary of two employer-sponsored ERISA group life insurance policies sued her deceased spouse’s former employer for breach of fiduciary duty, seeking reinstatement and payment of plan benefits. The spouse had been terminated for cause, and later ...
    [Hobbs v. Baker Hughes Oilfield Operations, Inc., 2008 WL 4411521 (5th Cir. 2008)]
  7. ERISA Does Not Require Claimants to Exhaust All Issues Before Filing Suit
    From the October 30, 2008 EBIA Weekly
    The health plan in this case refused to pay the medical expenses of a claimant who was legally intoxicated at the time he was injured in a motorcycle accident. Although the claimant submitted a letter stating several “procedural” ...
    [Vaught v. Scottsdale Healthcare Corp. Health Plan, 2008 WL 4380616 (9th Cir. 2008)]
  8. ERISA Section 107 Does Not Require Retention of Old Pension Plan Documents
    From the October 16, 2008 EBIA Weekly
    This case caught our eye because of the ERISA recordkeeping issue it addresses: namely, whether ERISA Section 107 requires a plan to retain copies of old plan documents. The case involved a former employee who had several long-past periods ...
    [Roarty v. AFA Protective Sys., 2008 WL 4455588 (E.D.N.Y. 2008)]
  9. No Penalties for Claims Administrator That Failed to Furnish Requested Plan Document
    From the October 16, 2008 EBIA Weekly
    A participant can sue the plan administrator for penalties under ERISA if the administrator fails to furnish certain documents, such as the plan document, within 30 days of the participant’s written request. Construing the term “administrator” ...
    [Cortez v. Prudential Ins. Co., 2008 WL 4372638 (W.D. Mich. 2008)]
  10. Employer Was Not Required to Provide a COBRA Election Notice for Its Long-Term Disability Plan
    From the October 16, 2008 EBIA Weekly
    The terminated employee in this case sued her employer on a variety of employment-related issues, including failure to provide her a COBRA election notice. The employee apparently did not participate in an employer-sponsored health plan, but claimed that ...
    [Ernisse v. L.L. & G., Inc., 2008 WL 4499974 (D. Kan. 2008)]

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