On December 1, 2014, the U.S. Court of Appeals heard oral argument in the case of Mary C. Fontaine v. Metropolitan Life Insurance Company. The issue before the court was whether an Illinois insurance regulation banning discretionary clauses in health and disability insurance policies survives ERISA preemption claims. The lower court ruled in Fontaine’s favor.
The oral argument may be heard at
There have been several important recent developments in how courts are assessing health benefit claims brought under the Employee Retirement Income Security Act. In Dwyer v. United Healthcare Insurance Co.,[1] a case involving a claim for residential behavior health...
Mental health disability claims are denied far more frequently than physical disability claims, creating serious challenges for individuals seeking benefits. In a recent interview on Main & Wall, disability benefits attorney Mark DeBofsky shared his thoughts on...
Defined benefit (DB) pension plans used to be the prevalent form of retirement benefit offered by American employers to their employees. […]
The Employee Retirement Income Security Act (ERISA) was established in 1974 to protect employees’ rights to their benefits and provide transparency regarding their employee benefit plans. One of the key rights under ERISA is access to plan documents that outline the rules, benefits, and administration of your employer-sponsored retirement or health plan. […]
If you murder someone to collect their life insurance, are you barred from receiving the proceeds? That would seem to be a simple question, but it isn’t if the Employee Retirement Income Security Act is in the picture. […]
We are proud to announce that our founding attorney, Mark DeBofsky, was recently featured in a Law360 article titled ‘3 Atty Takeaways On What’s Ahead As ERISA Turns 50.’ […]