EBIA Weekly Archives - ERISA - Court Cases
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Results (840 articles found)
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- Several States Expand Marriage Rights for Same-Sex Couples
- From the April 23, 2009 EBIA Weekly
- In developments that appear to reflect a general trend, two more states now recognize same-sex marriage and one more state now provides a marriage equivalent for same-sex couples. In Iowa, marriage rights were changed by the Varnum decision, ...
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- No Penalties for Employer That Did Not Provide COBRA Election Notice for Life Insurance Plan
- From the April 23, 2009 EBIA Weekly
- After a life insurance plan participant died, his beneficiaries sued his employer, seeking death benefits under the plan and statutory penalties for failure to provide a COBRA election notice. The beneficiaries argued that the employer violated COBRA when it failed ...
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- In Health Plan Eligibility Dispute, SPD in Effect on Application Deadline Governs
- From the April 16, 2009 EBIA Weekly
- On several occasions before she retired, the employee in this case asked her employer’s health plan to tell her what she had to do to add her disabled dependent adult son to her retiree coverage under the plan. ...
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- Employees Discharged Due to Plant Closing May Not Proceed With ERISA Section 510 Interference Claim
- From the April 09, 2009 EBIA Weekly
- A group of former employees claimed that their employer violated ERISA Section 510 when it closed the plant where they worked and discharged them to prevent their retirement eligibility. (ERISA Section 510 makes it unlawful to discharge or otherwise discriminate ...
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- Widow's Claims Against Employer and Insurer Are Dismissed Because Death Benefit Was Paid According to Plan Procedures
- From the April 02, 2009 EBIA Weekly
- In this case, a widow claimed that her deceased husband’s life insurance benefits were improperly paid to his daughter, stepson, and two other family members pursuant to a beneficiary designation signed by the husband just three days before ...
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- Health Plan's Appeals Process Failed to Substantially Comply With ERISA's Claims Procedure Requirements
- From the April 02, 2009 EBIA Weekly
- The participant in this case had heart surgery and was later placed in a nursing home. The plan administrator of his health plan initially reimbursed his nursing home expenses, treating them as covered skilled nursing care. But the plan administrator ...
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- Bankrupt TPA Is a Fiduciary, and ERISA Plan Assets Held in Its Bank Accounts Can't Be Reached by Non-ERISA Creditor
- From the March 26, 2009 EBIA Weekly
- The TPA in this case served as claims administrator for employers’ health plans, and filed for bankruptcy after it ran short of funds to pay claims. The bank where the TPA kept two accounts filed a claim against the ...
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- Employer Must Provide Claims Administrator's Internal Guidelines Relied on in Denying Participant's Claim
- From the March 19, 2009 EBIA Weekly
- The participant in this case sued her former employer and the third-party claims administrator of the employer’s self-insured health plan, alleging, among other things, that they failed to timely respond to her multiple written requests for ...
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- Trustee's Delay in Filing Breach of Fiduciary Duty Claim Over Ponzi Scheme Investment Results in Dismissal
- From the March 19, 2009 EBIA Weekly
- ERISA generally requires that fiduciary breach claims be brought within six years after the breach occurs or within three years after the claimant has actual knowledge of the breach, whichever is earlier. In this case, the 401(k) plan of ...
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- Ninth Circuit Declines Additional Review of Ruling That ERISA Does Not Preempt San Francisco's Fair Share Law
- From the March 12, 2009 EBIA Weekly
- The Ninth Circuit has declined to rehear a 2008 ruling (by a three-judge panel of the court) that ERISA does not preempt the employer spending requirements of San Francisco’s “fair share” law, under which employers ...
