Author: Mark Debofsky

How Denial of Autism Care Coverage Can Breach ERISA Duty

According to statistics compiled by the Centers for Disease Control and Prevention, about one in 54 children has been diagnosed with autism spectrum disorder, which is considered a developmental disability associated with social, communication and behavioral issues. Although there is no known cure for autism, children with autism may be helped with behavioral treatment such as applied behavioral analysis, or ABA, and early intensive behavioral intervention, or IBT, a subtype of ABA treatment. […]

What Is Accidental Death Insurance?

Accidental death insurance, also known as accidental death & dismemberment (AD&D) insurance, is a type of insurance that supplements basic life insurance coverage. AD&D insurance pays benefits in addition to life insurance if the insured dies as a result of an accident or suffers a catastrophic injury that results in limb amputation or loss of […]

Judge Casts Doubt Over Administrative Exhaustion Doctrine for ERISA Claims

One of the major differences between insurance litigation in general and litigation of disputes involving health, life or disability insurance under the ERISA law is in relation to preconditions to bringing suit. Even though ERISA cases are not subject to administrative law, federal courts have incorporated the doctrine of administrative […]