Recent Articles

Ninth Circuit Shoots Down Claim for Copying Charges

John Wood
July 11, 2008 01:46

Mitchell Sgro applied for disability benefits from MetLife, which decided benefit claims for his employer’s ERISA plan.  Sgro asserted that MetLife refused to evaluate­ his claim because he did not send copies of medical records.  Sgro eventually paid $412 for the copies. ...

Sixth Circuit: IME Results Doom Plaintiff's Disability Claim

John Wood
June 30, 2008 06:04

In administering disability claims, ERISA plans often require claimants to undergo examination by doctors selected by the plans.  Even when a claimant’s treating physicians concur that he or she is totally disabled, the plans commonly seek opinions from an examining physicians regarding...

MetLife v. Glenn: Much Ado about Not So Much

John Wood
June 25, 2008 08:01

The ERISA world has been anxiously awaiting the U.S. Supreme Court’s decision in Metropolitan Life Ins. Co. v. Glenn, a case out of the United States Court of Appeals for the Sixth Circuit.  In Glenn, the Supreme Court touched upon the standard of judicial review in ERISA benefit claims...

Prudential Policy Language Insufficient to Trigger Abuse-of-Discretion Review

John Wood
June 22, 2008 23:35

In ERISA benefit litigation, the selection of the judicial standard of review is often a hotly contested issue.  Insurance carriers push for the abuse-of-discretion standard, arguing that it requires courts to give a significant degree of deference to their decisions to deny benefits. ...

Court Refuses to Dismiss Complaint After Removal

John Wood
June 10, 2008 07:21

The plaintiff filed a complaint in Georgia state court after Reliance Standard denied his long-term disability claim.  In addition to compensatory damages for breach of contract, the plaintiff sought damages for statutory bad faith.  Reliance Standard filed a notice to...

Defendants Required to File Complete ERISA Record

John Wood
June 10, 2008 03:59

In Kirsch v. Jefferson Pilot Financial Ins. Co., 2008 U.S. Dist. LEXIS 43876 (D. Wis. Jun. 3, 2008), the ERISA defendants filed a motion for summary judgment, arguing that the plaintiff's claims for long-term disability benefits had been appropriately denied.  In support, the defendants...

Despite Remand to Carrier, Court Awards Attorney's Fees

John Wood
June 10, 2008 03:59

Hoskins v. Metro. Life Ins. Co., 2008 U.S. Dist. LEXIS 44008 (D. Ariz. June 3, 2008)The plaintiff, Kathleen Hoskins, filed suit under ERISA against MetLife.  She contended that MetLife had wrongly denied her benefits and withheld certain documents.  The federal district court in Arizona...