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
Has your disability insurer failed to decide on your claim? Long delays can leave you without income when you need it most. ERISA sets strict deadlines to ensure claims are handled fairly. […]
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. […]
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. […]
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. […]
Just over one year ago, the United States Court of Appeals for the Seventh Circuit issued a precedential decision that has a direct impact on disability cases subject to the Employee Retirement Income Security Act of 1974 (“ERISA”). […]
If you have disability insurance coverage through your employer, it is probably governed by the Employee Retirement Income Security Act (ERISA), a federal law that regulates employee benefit plans. […]