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Federal Court Has Jurisdiction Over Foreign ERISA Plan Administrator

NEW ORLEANS - A federal judge in Louisiana ruled May 16 that the court had personal jurisdiction over a French company because the company had sufficient minimum contacts with Louisiana through its actions as a disability insurance plan administrator and that the plan's arbitration clause, which...

9th Circuit Majority: Remand Necessary To Consider Unum's Conflict Of Interest

SAN FRANCISCO - In reviewing whether Unum Life Insurance Company of America abused its discretion in calculating the benefits due a claimant under a disability plan governed by the Employee Retirement Income Security Act, 29 U.S.C.S. § 1001 et seq. , a federal district court in California erred...

Unsettled Case Law Leads 7th Circuit To Uphold Award In ERISA Dispute

CHICAGO - Citing the previously unsettled state of case law regarding the production of insurers' internal documents and a lack of bad faith in an insurer's handling requests for such documents, a Seventh Circuit U.S. Court of Appeals panel on Nov. 28 upheld a lower court's ruling that had...

Judge Rules On Discovery Requests In Coverage Suit Over Wrongful Discharge Claim

SEATTLE - A Washington federal judge on April 12 granted in part and denied in part an insured's motion to compel discovery from its insurer in a dispute over coverage for claims that the insured violated the False Claims Act by wrongfully discharging its chief financial officer and retaliating against...

Beneficiary Properly Denied Leave To Amend To Assert ERISA Claim, 5th Circuit Says

NEW ORLEANS - A federal district court did not abuse its discretion in denying a life insurance policy beneficiary's motion for leave to amend her pleading to assert claims under the Employee Retirement Income Security Act, the Fifth Circuit U.S. Court of Appeals ruled July 1 in an unpublished opinion...

Chiropractors Sufficiently Alleged Breach, Bad Faith Under ERISA, Judge Rules

NEWARK, N.J. - Three chiropractors pursuing class claims against a health insurer's "bundling" of purportedly distinct claims survived dismissal on July 31, with a New Jersey federal judge finding that they had satisfied standing and pleading requirements under the Employee Retirement Income...

Federal Judge Grants Health Insurers Summary Judgment In Reimbursement Dispute

NEWARK, N.J. - A New Jersey federal judge on Aug. 1 granted summary judgment in favor of health insurers in a reimbursement dispute and denied the plaintiffs' motion for class certification (Premier Health Center, et al. v. UnitedHealth Group, et al., No. 11-425, D. N.J.; 2013 U.S. Dist. LEXIS 108041...

3rd Circuit Reverses Dismissal Of Dispute Against Health Insurer; Analysis Wrong

PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on Aug. 16 reversed a putative class action reimbursement dispute against a health insurer, saying the lower court improperly relied on the defendant's competing account of events when dismissing the claim (TRi3 Enterprises v. Aetna Inc....

Judge Awards $13M Under ERISA To Beneficiaries Who Received Benefits Through RAA

PORTLAND, Maine - A federal judge in Maine on Sept. 11 awarded more than $13 million in damages and prejudgment interest to a class of life insurance beneficiaries who received benefits through retained asset accounts (RAAs) on their claims that Unum Life Insurance Company of America breached its fiduciary...