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

Related Articles

ERISA Venue Provisions: Where Can You File Your Benefits Lawsuit?

ERISA Venue Provisions: Where Can You File Your Benefits Lawsuit?

The Employee Retirement Income Security Act of 1974 (ERISA) governs private sector employee benefits plans, including retirement, disability, and health plans. One of the key aspects of ERISA litigation is the question of venue — where participants or beneficiaries file their lawsuits when they believe their plan rights are violated. […]

How to File a Winning ERISA Claim

How to File a Winning ERISA Claim

If you have an employment-related benefit claim, ERISA likely applies to your claim. ERISA claims involve complex rules and strict deadlines that can be challenging and challenging to navigate. […]

Disability Ruling Guides On Cases With Uncertain Causation

Disability Ruling Guides On Cases With Uncertain Causation

Deciding disability benefit claims correctly can often pose a challenge for both claimants and insurers. Since disability is dependent on functional restrictions and not just on a diagnosis, determining a claimant’s level of functionality with respect to basic activities such as sitting, standing and walking can be difficult, especially when disability results from symptoms such as pain. […]