Second Circuit Finds That Claim for ERISA Pension Plan Benefits Was Time-Barred

Historically, employees leaving Xerox Corporation typically received a lump sum payment equal to the total value of their then-accrued pension benefit under the Xerox pension plan, an employee benefit plan governed by the Employee Retirement Income Security Act of 1974 (ERISA). Employees who

Just like the abundance of rain we’ve had so far this spring, we’ve seen a recent downpour of coverage disputes. And just like the April showers that brought us May flowers, those coverage disputes have now blossomed into some interesting decisions. Our May Insurance Update discusses some of the best picks:

• The insured sells

Sixth Circuit Affirms District Court Decision That Anesthesiologist Was Not Disabled from His Own Occupation

The U.S. Court of Appeals for the Sixth Circuit recently affirmed a district court’s decision upholding a determination by the claim administrator of an employee welfare benefit plan governed by the Employee Retirement Income Security Act of 1974 (ERISA) that

No Advertising Injury Coverage For Suit Against Fashion Designer, Southern District Of New York Concludes

A New York fashion designer and related parties sued for allegedly violating the terms of a license agreement asked the United States District Court for the Southern District of New York to compel their insurer to defend them. The court

Our April Insurance Update is here.  It addresses the following questions:

• A claimant offers to settle within policy limits, and then revokes the offer 41 days later.  Claimant goes to trial and gets an excess judgment.  Has the insurer breached its duty to settle?  The Georgia Supreme Court decides and clarifies its precedent on

Owner Deemed Additional Insured Under Subcontractor’s Insurance Policy 

The owner of a construction project was sued for injuries allegedly suffered by a subcontractor’s employee.  The general contractor’s contract with the subcontractor obligated the subcontractor to obtain additional insured coverage for the owner.  The court held that the owner was covered as an additional insured under

Most people think of spiders as insects.  But my 4th grade teacher taught us otherwise.  Insects have a head, thorax, and abdomen.  And six legs.  Spiders have two body parts (the head and thorax are combined) and have 8 legs.  They belong to a species known as arachnids.

So what does this have to do

Court Denies Motion to Dismiss on Failure to Exhaust Grounds When Plan Documents Were Apparently Silent with Respect to Exhaustion

The U.S. district court in Connecticut recently denied a claim administrator’s motion to dismiss a Complaint seeking short-term disability benefits under an employee welfare benefit plan governed by the Employee Retirement Income Security Act of

First Department Finds Additional Insured Coverage Under Policy Issued To Claimant’s Employer

United Interior Renovations contracted with and obtained additional insured coverage for All State Interior Demolition under United’s policy for bodily injury caused, in whole or in part, by United’s acts or omissions. United’s employee was allegedly injured and sued All State, but

11th Circuit Holds ERISA Plan’s Anti-Assignment Provision Bars Third-Party Doctor’s Claim for Reimbursement for Services 

The Employee Retirement Income Security Act of 1974 (ERISA) provides that plan participants and plan beneficiaries may bring a private civil action to recover benefits due under the terms of a plan, to enforce rights under a plan, or to