Court Misunderstands Definitions
A decision from the U.S. Court of Appeals for the Seventh Circuit reveals how a court misunderstood key definitions in a disability case.
Judge has neither love nor mercy for ERISA
Today’s column discusses Burroughs v. Bellsouth Telecommunications Inc., 2006 U.S. Dist. LEXIS 52815. (June 14). Burroughs is a tour de force expose of how the ERISA law has been interpreted by the courts in a manner that thoroughly betrays Congress’ intent to protect promised benefits. U.S. District Judge William Acker Jr., a frequent critic of […]
Court misses the mark on disability
A decision by the U.S. District Court for the Southern District of New York reveals a court’s flawed analysis of disability.
Decision Begins to Explain Problems With ERISA Litigation
Dennis Paese, a long-time employee and director of labor relations for Sequa Corporation, was severely injured in a car accident. Paese v. Hartford Life and Accident Insur. Co., 2006 U.S.App.LEXIS 13007 (2d U.S. Circuit Court of Appeals May 24,2006).
Benefit payment decisions should not be left up to the Insurers
It is fascinating how far Judge Richard A. Posner has come. Posner wrote the opinion in Rud v. Liberty Life Assur.Co.,438 F.3d 772 (7th Cir. 2006). However, in Van Boxel v. The Journal Co. Employees’ Pension Trust, 836 F.2d 1048, 1052 (7th Cir. 1987), he wrote:
Case shows it’s not ‘all or none’ for disability
Giddens v. Equitable Life Assur. Society of the U.S., 2006 U.S.App.LEXIS 8970 (11th Cir. April 12, 2006). The plaintiff, a dentist, purchased two ”own occupation” disability policies from Equitable. Both policies contained provisions for total disability as well as residual (partial) disability. The issue before the court was whether Allen Giddens was totally or partially […]