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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...

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claims under the Employee Retirement Income Security Act, the Fifth Circuit U.S. Court of Appeals ruled July 1 in an unpublished opinion...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...