ERISA and Life Insurance News

Page 1

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

04

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

06

Finding that Insured Was Not Disabled Because He Could Work with Accommodations Was Not Abuse of Discretion

07

Failure to Accept Opinion of Treating Physician Did Not Make Claim Decision De Novo Wrong

08

Reopening of Claim Does Not Waive Issues Regarding Timeliness of Appeal

09

Individual Life Insurance Policies Unenforceable Because Insured Did Not Sign Applications or Give Written Consent

10

Claim under Georgia Bad Faith Statute Is Not Saved from ERISA Preemption

11

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 >>


Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.