The 6th U.S. Circuit Court of Appeals’ ruling in Moon v. Unum Provident Corp., 2006 U.S. App. LEXIS 22321 (June 29) (published), has tremendous instructive value with respect to awards of attorneys’ fees following a Court of Appeals reversal of benefit denial.
Hopkins v. Prudential Insur.Co. of America, 2006 WL 1343432 (N.D. Ill., May 12). Plaintiff, an employee of Bank One Corporation, challenged his disability insurer’s invocation of a preexisting condition exclusion to deny him long-term disability benefits. Hopkins was first employed by Bank One in 1999, and elected long-term disability insurance coverage when he commenced employment. […]
The plaintiff commenced this action seeking injunctive relief under the ERISA statute after Prudential terminated her benefit claim for the third time. Perkins v. Prudential Insur. Co. of America, 417 F.Supp.2d 1149 (C.D.Cal. March 1, 2006). Perkins initially became disabled in 1997; after Prudential denied her claim, litigation resulted in an award of benefits. Another […]