Mark Debofsky, Author at DeBofsky Law

Battle over standard of review likely to continue

by Mark Debofsky | Nov 2, 2009 | ERISA Standard of Review

Earlier this year, I wrote about a significant ruling issued by the 6th U.S. Circuit Court of Appeals, American Council of Life Insurers v. Ross, 558 F.3d 600 (March 18) (“Discretionary clauses under heavy fire, Chicago Daily Law Bulletin April 6). Ross upheld the authority of states to ban clauses in insurance policies that give insurers discretion to decide health and disability claims and thus trigger a deferential standard of court review over such claims.

When a literal reading can be overridden

by Mark Debofsky | Oct 19, 2009 | ERISA Standard of Review, Long Term Disability

The arbitrary and capricious standard of review gives employers such broad discretion to interpret benefit plan provisions that a literal reading of the plan can be overridden according to Wallace v. Johnson & Johnson, 2009 U.S.App.LEXIS 22529 (1st U.S. Circuit Court of Appeals, Oct. 14). Wallace, who spent 14 years as a manager with Johnson […]

9th Circuit Ruling Provides Greater Protection of Benefits

by Mark Debofsky | Oct 5, 2009 | Disability Benefits, ERISA Standard of Review

In Montour v. Hartford Life & Accid.Ins.Co., 2009 U.S.App.LEXIS 20378 (Sep. 14), the 9th U.S. Circuit Court of Appeals has taken an approach to Glenn v. Metro.Life Ins.Co., 128 S.Ct. 2343 (2008), that requires a court reviewing a benefit decision governed by the Employee Retirement Income Security Act, 29 U.S.C. §1001 et seq., to apply […]

Clarity Needed on Contractual Periods of Limitation

by Mark Debofsky | Sep 21, 2009 | ERISA

The application of contractual periods of limitation that shorten the statutory limitation period during which suit can be brought continues to be a hot topic of litigation in ERISA claims. Scharff v. Raytheon Company Short Term Disability Plan, 2009 U.S.App.LEXIS 20130 (Sept. 9), is the most recent example, and offers a cautionary lesson to benefit claimants.

Ruling clarifies contractual limitations periods

by Mark Debofsky | Aug 31, 2009 | Disability Benefits, ERISA

A recent ruling from the 6th U.S. Circuit Court of Appeals, Rice v. Jefferson Pilot Financial Ins. Co., 2009 U.S.App.LEXIS 18962 (Aug. 24), explains the operation of contractual limitations periods in disability policies in a way that offers instruction and certainty to litigants facing similar issues. The plaintiff, Jerry Rice, alleged he became disabled in […]

Author: Mark Debofsky

Battle over standard of review likely to continue

When a literal reading can be overridden

9th Circuit Ruling Provides Greater Protection of Benefits

Clarity Needed on Contractual Periods of Limitation

Ruling clarifies contractual limitations periods

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