bhoffman | August 27, 2010
Employer’s Guide to Self-Insuring Health Benefits, Thompson Publishing Group
Employers and other plan administrators are due greater deference in their benefits plan decisions than some lower courts have allowed, the U.S. Supreme Court ruled after admonishing two lower courts for failing to follow the High Court’s prior decisions establishing ERISA law on plan administration.
The High Court [...]
Category: 2nd, ERISA, MetLife v. Glenn, PPACA, Summary Plan Description, Supreme Court |
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Adam V. Russo | July 9, 2010
Sandra Chronister was employed as a nurse at Baptist Health in Arkansas. In 1995, she was injured in a car accident, and thereafter sought disability benefits under Baptist Health’s long-term disability plan, which was insured and administered by Unum Life Insurance Co. of America. Unum initially granted her application for disability benefits. At Unum’s urging, [...]
Category: 8th, Conflict of Interest, MetLife v. Glenn, Standings |
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Adam V. Russo | July 9, 2010
In light of the Supreme Court’s decision in Glenn, the Second Circuit has reassessed its standard of review governing cases that challenge an ERISA plan administrator’s decision to deny disability benefits in cases where the administrator has a conflict of interest because it has the discretionary authority to determine the validity of the employee’s claim [...]
Category: 2nd, Claims Procedures, Claims Review, Conflict of Interest, MetLife v. Glenn |
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Adam V. Russo | August 31, 2009
From The Bench – The Self-Insurer Volume 26* August 2009
By John H. Eggertsen, Esq. and Michael Friedman, Esq.
II. Fifth Circuit Rejects Benefit Decision For Procedural Defects; Can’t Even Assess If Determination was Arbitrary And Capricious
In Lafleur v. Louisiana Health Service Indemnity Company, d/b/a Blue Cross Blue Shield of La., 563 F.3d 148 (5th Cir. 2009), [...]
Category: 5th, Louisiana, MetLife v. Glenn |
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Adam V. Russo | August 31, 2009
From The Bench – The Self-Insurer Volume 26* August 2009
By John H. Eggertsen, Esq. and Michael Friedman, Esq.
After the U.S. Supreme Court’s recent decision in Metropolitan Life Ins. Co. v. Glenn ___ U.S.___, 128 S. Ct. 2343 (2008), many circuit courts have been applying a magnifying glass to their prior standard of review decisions, and [...]
Category: 6th, MetLife v. Glenn, Ohio |
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Adam V. Russo | August 28, 2009
From the August 20, 2009 EBIA Weekly[Fischer v. Liberty Life Assurance Co. of Boston, 2009 WL 2366115 (7th Cir. 2009); Raybourne v. Cigna Life Ins. Co. of N.Y., 2009 WL 2392788 (7th Cir. 2009)]
The Seventh Circuit has decided a pair of LTD benefit cases that consider the impact of the U.S. Supreme Court’s Glenn decision. [...]
Category: 7th, Conflict of Interest, MetLife v. Glenn |
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Adam V. Russo | August 19, 2009
The number of cases that apply the Supreme Court’s opinion in Metropolitan Life Insurance Company v. Glenn, 128 S. Ct. 2343 (2008) , when reviewing a decision to deny employee benefits by an administrator with a conflict of interest, continue to grow. The most recent example is Raybourne v. Cigna Life Insurance Company of New [...]
Category: 7th, Conflict of Interest, ERISA, MetLife v. Glenn |
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Adam V. Russo | May 22, 2009
[Denmark v. Liberty Life Assurance Co. of Boston, 2009 WL 1219438 (1st Cir. 2009)] For a copy:http://http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-2877P.01A
The First Circuit has reviewed its analysis of the standard of review applicable in ERISA benefits litigation and found the need for only modest refinements in light of the U.S. Supreme Court’s Glenn decision.
Category: 1st, MetLife v. Glenn |
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Adam V. Russo | May 20, 2009
Estate of Schwing v. Lilly Health Plan, 2009 WL 989114 (3rd Cir. 2009)
The circuit courts continue to address the U.S. Supreme Court’s Glenn decision on the standard of review applicable in ERISA benefits litigation. The more deferential standard applies if the plan document gives the plan decision maker “discretionary” authority to make benefit decisions. In [...]
Category: 3rd, 8th, MetLife v. Glenn |
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Adam V. Russo | May 13, 2009
The Ninth Circuit, in Daic v. Hawaii Pacific Health Group Plan for Employee of Hawaii Pacific Health, No. 06-17324, 2008 WL 3862074 (9th Cir. Aug. 13, 2008) analyzed whether MetLife, the insurer who administered the ERISA plan but was not a specifically names fiduciary, was nonetheless a plan fiduciary and whether, in light of Glenn [...]
Category: 11th, 9th, MetLife v. Glenn |
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Adam V. Russo | September 5, 2008
The Supreme Court held in MetLife vs. Glenn that conflicted interests require a higher standard of review whenever the claims adjudicator and the claims financier were the same. Thus, any claim contested in court will confer a significant advantage to the arrangement where the claims are adjudicated by an independent third party and paid by [...]
Category: 6th, ERISA, MetLife v. Glenn, Welfare Benefit Plans |
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