DeBofsky Law wins ruling on fiduciary exception to attorney-client privilege
DeBofsky & Associates recently won a ruling on the fiduciary exception to attorney-client privilege in an ERISA case.
Equity Provides a Way to Right a Wrong
If a health insurer mistakenly advises a patient that a surgical procedure is covered by its policy – and in reliance on that advice, the patient proceeds with the surgery, can the patient recoup the expenses incurred in undergoing the procedure from the insurance company if the insurer maintains that its prior advice was mistaken?
Enforceability of Forum Selection Clause Reviewed
The enforceability of a forum selection clause was the subject of a recent ruling issued by U.S District Judge Milton I. Shadur in Coleman v. Supervalu, Inc. Short Term Disability Program, 2013 U.S.Dist.LEXIS 13372 (N.D.Ill. Jan. 31, 2013). The case involved Eboni Coleman, a retail pharmacist who worked at a Jewel-Osco store in Illinois. Litigation arose after Jewel-Osco’s parent corporation denied Coleman’s short-term disability benefit claim.
Court Strays From Rules of Procedure
A federal court has allowed an insurance company to argue a previously waived defense in a disability benefits case, deviating from typical procedural rules. In Safer v. Reliance Standard Life Insurance Co., 2021 WL 2370381 (E.D. La. June 9, 2021), the plaintiff filed a lawsuit after the insurer denied his claim for long-term disability benefits.
US Supreme Court will consider issues over employee benefit plans
During the U.S. Supreme Court’s upcoming term, the court is scheduled to hear the case of U.S. Airways v. McCutchen, 663 F.3d 671 (3d Cir. 2011), which was the subject of an earlier article of mine (“McCutchen may influence other court decisions,” Nov. 25, 2011). McCutchen will address the complex question of whether equitable principles […]
2012 ERISA Advisory Council hearing on managing disability risks in an environment of individual responsibility
Executive Summary: I am an experienced practitioner in the field of representing claimants in disability benefit disputes. In my practice, I have encountered a number of problems with ERISA claims and litigation that need to be examined by the Department of Labor: ERISA claimants are denied the last word in claim appeals, which permits insurers […]