The Supreme Court will hear a case questioning the timeline for ERISA cases involving a fiduciary’s duty to monitor investments. SCOTUS, or the Supreme Court of the United States, has agreed to hear a case that questions the extent of an employer’s fiduciary duty to monitor the ERISA plans they sponsor. ERISA, or the Employee […]
The Employee Retirement Income Security Act law creates a number of perverse incentives for insurers that administer benefit claims. Without the availability of remedies beyond the restoration of benefits due, insurers can earn significant profits on delayed payments. A recent 6th U.S. Circuit Court of Appeals ruling, Rochow v. Life Ins. Co. of North America, […]
A life insurance case involving the issue of incontestability caught our attention. Patterson v. Reliance Standard Life Ins.Co., 2013 U.S.Dist.LEXIS 171873 (C.D.Cal. December 4, 2013)(Issue: Incontestability).
A new court ruling is the first to recognize a fiduciary breach claim against a health insurer when misinformation given by its representative cost an employee his benefits.
DeBofsky & Associates recently won a ruling on the fiduciary exception to attorney-client privilege in an ERISA case.
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?