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The First Circuit recently affirmed the position that when a policy or plan is ambiguous, it should be interpreted in favor of the insured. The case that gave rise to the question is Ministeri v. Reliance Standard Life Insurance Company. The facts of the case concern a denial by the…
Yosaun Smith v. CommonSpirit Health et al. concerns the Plaintiff’s, Yosaun Smith (“Smith”), action against the administrators of her ERISA retirement plan, Defendants CommonSpirit (“CommonSpirit”) and Catholic Health Initiatives Retirement Plans Subcommittee (“Subcommittee”) alleging that the Defendants violated ERISA when they did not replace “actively managed mutual funds with…
The Eleventh Circuit Court of Appeals in Gimeno v. NichMD, Inc. analyzed whether Section 1132(a)(3) of ERISA provides authorization for a beneficiary of a plan governed by ERISA to sue for ‘”appropriate equitable relief’” due to violations of the plan or relevant statute. Thus, the question presented to the…
On June 8, 2021, Mehr Fairbanks Trial Lawyers obtained a judgment for $190,000 against Hartford Life and Accident Company in federal court. Hartford wrongfully denied life insurance benefits to a widow after her husband died of cancer, and accused them of making misrepresentations on the insurance application. The court disagreed…
Life insurance can be purchased one of two ways, either through your employer, in which case ERISA applies, or from a private life insurance company. Our experienced bad faith insurance and ERISA lawyers can assist you when either types of these claims have been denied. For more information on life insurance claims,…
Life insurance claims should be paid within 30 days of a proper claim being submitted to the insurance company. If the claim is not paid within 30 days, it is considered delayed. Any delay of benefits will put a strain on the survivors. Claims can be denied for any number…
People obtain life insurance policies as part of financial planning for their loved ones’ future. Life insurance protects those who rely on the insured’s ongoing financial support and will suffer in the event that this support is withdrawn. Ideally, the life insurance company will pay the full policy amount after…
An accidental death policy offers protection when the insured dies as a result of an accident. Accidental death benefits may be found as part of a regular life insurance policy or as a separate contract. What Does Accidental Death And Dismemberment Insurance Cover? Accidental death and dismemberment coverage provides protection…