The impact of a recent Supreme Court ruling involving disability benefits was at issue in Chronister v. Unum Life Ins.Co. of America, 2009 U.S.App.LEXIS 9033 (8th Cir. April 30). This ruling marked the second time the 8th U.S. Circuit Court of Appeals had occasion to consider Sandra Chronister’s application for disability benefits. In the first […]
Can a party who loses in federal court condition a settlement on appeal on the district court vacating its ruling? That was the issue presented in Welch v. Unum Life Ins.Co. of America, 2009 U.S.Dist.LEXIS 34018 (D.Kan. April 22, 2009). The plaintiff initially won this case, but the court of appeals reversed and remanded. Welch […]
The deferential standard of review given to insurance companies in ERISA cases was subject to a rigorous examination in Kramer v. Paul Revere Life Ins. Co., 2009 U.S.App.LEXIS 7387 (6th Cir. April 8, 2009)(unpublished). There, an obstetrician and gynecologist, Dr. Lois Kramer, had two disability insurance policies underwritten by the same insurer.
The future of discretionary clauses in ERISA cases is uncertain, as they have come under heavy fire in recent years.
A recent ruling from the 6th U.S. Circuit Court of Appeals, DeLisle v. Sun Life Assurance Company of Canada, 2009 U.S.App.LEXIS 4251 (March 4), illustrates how courts are now engaging in a more probing and thorough review of ERISA benefit denials. Sherry DeLisle, who sustained significant injuries in an automobile accident, was fired from her […]