ERISA and Life Insurance News

Page 1

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


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.