M Ay
2017
2
ERISA
& Life Insurance News
Covering ERISA and Life, Health and Disability Insurance Litigation
“ERISA-fication” of Individual Policies: Why It Benefits Insurers and How It Is Done 4 State Law Claims for Misrepresentation, Constructive Fraud, and Emotional Distress Preempted by ERISA 5 Reliance on Dictionary of Occupational Titles Is Not an Abuse of Discretion 5 Denial of LTD Benefits Upheld When Physician Fails to Certify Permanent Inability to Work 6 “Unwillingness to Give Fair Consideration” to Claimant’s Evidence Was Abuse of Discretion 7 Termination of LTD Benefits Reversed, Because Decision-Making Not Reasoned and Principled 8 Georgia Bad Faith Statute Is Substantive for Choice-of-Law Purposes Under Erie 9 Loss of Sight in One Eye Results in Residual Disability, Not Total Disability 10 Insurer’s Creation of Retained Asset Account for Life Insurance Benefits Violated ERISA Fiduciary Duties