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 >>