ERISA and Life Insurance News

Page 1

May

2015

ERISA & LIFE INSURANCE NEWS Cover ing ERISA and Life, Health and Disability Insurance Litigation

INSIDE THIS ISSUE Claim for Disability Benefits Barred by Insured’s Failure to Comply with 90-Day Proof of Loss Provision

03

Failure to Provide “Satisfactory” Proof of Death Authorizes Denial of Claim Under Individual Policy

04

Administrator Abuses Discretion by Not Obtaining Information that Could Confirm Plaintiff’s Disability

05

Denial of Disability Claim by SelfFunded Plan Upheld as De Novo Correct and Reasonable

06

STOLI Company’s Failure to Adequately Prepare Witness Authorizes $850,000 Sanction

07

“Sane or Insane” Suicide Exclusion Limits Liability to Return of Premiums

08

Claim for Implied Life Insurance Contract Survives Summary Judgment

09

Disability Claim Barred by Late Notice, Despite Insurer’s Requests for Proof of Loss and Payment of Some Benefits

10

The ERISA Newsletter is available online! To view the complete online version of the ERISA Newsletter, visit www.smithmoorelaw.com/ ERISAMay15

May an ERISA Plan Restrict Venue to a Single Federal District?

When

deciding where to bring an action in federal court to recover benefits under ERISA, a plan participant generally has three choices of venue. 29 U.S.C. § 1132(e)(2), provides: Where an action under this subchapter is brought in a district court of the United States, it may be brought in the district where the plan is administered, where the breach took place, or where a defendant resides or may be found … Plan participants generally choose to sue where they reside, electing as the forum “the district … where the breach took place.” The plan sponsor may attempt to limit those choices, however, by including a venue selection provision in the plan documents. For example, the plan may provide that an action to recover benefits must be brought in the jurisdiction where the plan sponsor is located and where the plan is administered. continued on page 2 >>


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