MAY
2014
ERISA & LIFE INSURANCE NEWS Cover ing ERISA and Life, Health and Disability Insurance Litigation
INSIDE THIS ISSUE Amendment to Georgia Prompt Pay Statute Held Preempted by ERISA
03
Eleventh Circuit Rejects Healthcare Providers’ ERISA Claims to Payment for Manipulations under Anesthesia
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Remand to Insurer Ordered Where Application for SSDI Benefits Was Required but Award Was Not Considered
05
Claim Denial Upheld, Based in Part on Surveillance Video That Was Significantly Inconsistent with Plaintiff’s Claim
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Finding that Insured Was Not Disabled Because He Could Work with Accommodations Was Not Abuse of Discretion
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Failure to Accept Opinion of Treating Physician Did Not Make Claim Decision De Novo Wrong
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Reopening of Claim Does Not Waive Issues Regarding Timeliness of Appeal
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Individual Life Insurance Policies Unenforceable Because Insured Did Not Sign Applications or Give Written Consent
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Claim under Georgia Bad Faith Statute Is Not Saved from ERISA Preemption
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Pending Claim for Attorney’s Fees Does Not Postpone Deadline to File Appeal from Judgment on the Merits
When an action is filed to recover benefits under § 502(a)(1)(B) of ERISA, or to enforce plan terms under other provisions of ERISA, the plaintiff generally includes a claim to recover attorney’s fees and costs under § 502(g). It is not unusual for a court to decide the main claim first, and to defer consideration of the claim for fees until after judgment on the merits has been entered. In fact, some district courts provide by local rule that an award of fees may be requested by separate motion after a final judgment has been entered on the merits of the main claim. See, e.g., LR 54.2, N.D. Ga. If the claim for fees and costs is not decided until more than 30 days after entry of the judgment on the merits, is it then too late to appeal from an adverse decision on the main claim? In other words, is there a “final decision” triggering the time to file continued on page 2 >>