ERISA

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5th Circuit stands alone on degree of disability

by | Dec 1, 2004 | Disability Benefits, ERISA

After winning summary judgment in the trial court, plaintiff Linda Ellis suffered a crushing defeat in the 5th U.S. Circuit Court of Appeals, which rejected her claim for disability coverage.Ellis v. Liberty Life Assurance Company of Boston, 2004 U.S.App.LEXIS 24199 (5th Cir., Nov. 19). Ellis was a loan officer for Chase Manhattan Bank until 1999, […]

Ruling undercuts ERISA promise of protection

by | Oct 24, 2004 | Civil Procedure, ERISA

For the last year, there has been an ongoing debate in the federal court in Philadelphia as to whether the Employee Retirement Income Security Act, 29 U.S.C. sec1001, et seq., preempts claims involving insured benefits such as disability or health insurance disputes brought under Pennsylvania’s bad-faith statute, 42 Pa.C.S. sec8371. On the one side are […]