Many employees receive life insurance coverage as part of their employee benefits. A group life insurance has many advantages over private life insurance policies. First, group life insurance coverage is usually offered at low prices and is available not only to employees, but also to their qualified dependents. Second, the employee does not have to …
How to Handle a Group Life Insurance Claim Denial Read More »
Today, the United States Supreme Court granted certiorari in a case where the 6th Circuit found that a company may have breached its fiduciary duties under ERISA by continuing to offer company stock as a retirement plan investment option even after the value of the stock plunged. The case is Fifth Third Bancorp v. Dudenhoeffer, …
This morning, the United States Supreme Court issued its decision in Heimeshoff v. Hartford Life & Accidental Life Ins. Co., concerning statute of limitation accrual issues for benefit claims under Section 502(a)(1)(B) of ERISA. The Court unanimously held that Hartford’s Long Term Disability Plan’s requirement that any suit to recover benefits be filed within three years …
Thanks to friend of the blog, Jon Harkavy, for sending along this potentially important ERISA denial of benefit claim case from the 4th Circuit. In Cosey v Prudential, (4th Cir. Nov. 12, 2013), the Fourth Circuit held that the common plan formulation “proof satisfactory to the administrator” does not unambiguously confer discretion on the administrator and …
4th Cir: “Proof Satisfactory to the Administrator” = De Novo Review of Benefit Claims Read More »
Sarah Farley had worked at a law firm where she participated in the firm’s Profit Sharing Plan – a plan qualified under the Employee Retirement Income Security Act (ERISA). The Plan provides that death benefits be paid to the participant’s “surviving Spouse.” Sarah then married Jean Tobits in Canada. When Sarah died, both Jean and …
With the historic election of Barack Obama as the 44th President of the United States and the substantial gains for Democrats in the House and Senate, there is almost certainty that there will be significant labor and employment law reform in the near future. Not being a shrinking violet by any means, I would like …
Obama and the Future of Labor and Employment Law Read More »
Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.
