Category: Life Insurance
How to Appeal a Life Insurance Claim Denial with Equitable Relief
ERISA allows very limited remedies to life insurance claim denial. One is a breach of contract-type remedy – a claim for benefits. Another is one for equitable relief, which courts have cast as a “catchall.” It is only available when
The Dark Side of ERISA: Murder & Benefits
We often discuss the bad conduct by insurance companies and plan administrators. But what if a beneficiary engages in bad conduct? Some bad conduct can be grounds for refusing to pay a claim. For example, if a husband murders his
Treating Physician Rule Change & Who to Believe
The treating physician rule required decision-makers to accord special deference to the opinions of treating physicians. The rule is no longer applicable in Social Security cases or ERISA cases. In 2003, the Supreme Court adopted what is considered to be
Life Insurance Lost with End of Employment – Can it be Fixed?
Many employees are covered by life insurance through their employer. Many of those policies have policy terms allowing the policy to be converted so it can be retained at a cost to the individual after employment ends, or there may
Murder, Benefits and the Slayer Statute Under ERISA
Attorneys handling estate and probate matters are very familiar with Ala. Code § 43-8-253 which provides: “(c) A named beneficiary of a bond, life insurance policy, or other contractual arrangements who feloniously and intentionally kills the principal obligee or the
No Life Insurance For You!
If you have a life insurance policy that has a pre-existing condition exclusion and your policy applies the law of the First Circuit, you might need to be perfect to have coverage. Mr. Joseph Arruda was on his way to
Life Insurance Brings Out the Worst
Mr. Miller was a retiree from General Motors. He participated in the General Motors life insurance plan, which was through MetLife. He was able to keep that life insurance benefit in place in his retirement. Mr. Miller had two sons