An incontestability clause is a provision in a life or disability insurance policy that prevents the insurance company from canceling the policy based on misstatements in the policy application after the insurance has been in effect for a certain period of time, usually two years. Most states require the inclusion of such clauses in insurance policies […]
Claimants seeking benefits brought under the Employee Retirement Income Security Act (“ERISA”) have been authorized to bring a “civil action” to seek redress. Although the term “civil action” is supposed to have identical meaning under the Federal Rules of Civil Procedure regardless of the type of claim being brought, ERISA claim litigation differs dramatically from ordinary civil procedure. […]
If you receive a benefits package from your employer in addition to your salary, there are specific laws that will apply. Those laws may limit the damages you are entitled to receive if your benefits are denied or terminated. Other legal requirements and hurdles will arise as you navigate the appeal process […]
Mark D. DeBofsky will be moderating a panel discussion on multiemployer plan issues at the upcoming March Webinar hosted by American Bar Association (ABA), Section of Labor and Employment Law, Employee Benefits Committee.. […]
Marie E. Casciari is to co-chair the upcoming March 2022 Employee Benefits Law Update: A Year in Review. The virtual 8-part webinar series is packed with impactful topics and esteemed experts from the public and private sectors throughout the country. […]