Audit, Compliance and Risk Blog

Understanding Insurance Law: ERISA Has No Limitation of Suit Provision

Posted by Barry Zalma on Wed, Apr 16, 2014

Bridget Gordon (“Gordon”) appealed a district court’s summary judgment in favor of Deloitte & Touche, LLP Group Long Term Disability Plan (the “Plan”), which is insured by Metropolitan Life Insurance Company (“MetLife”). The summary judgment was granted based on Gordon’s failure to file the action within the applicable limitation period. In Bridget Gordon, Plaintiff v. Deloitte & Touche, LLP Group Long Term Disability Plan, No. 12–55114, United States Court of Appeals, Ninth Circuit (April 11, 2014) the Ninth Circuit Court of Appeal was called upon to determine what statute of limitation, if any, applies to an ERISA claim.

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Tags: disability claim denied, Corporate Governance, Business & Legal, Employer Best Practices, Employee Rights, Insurance, Insurance Claims, Disability benefits

Disability Benefits Denied: Claimant Can Work in ‘Own Occupation’

Posted by Barry Zalma on Mon, Jun 04, 2012

Disability insurers are often chastised for not accepting an insured’s disability claim and denying them insurance benefits. At the same time, some individuals attempt to recover from their disability insurer even when they are able to perform the duties of their occupation. And when contracts are written in such a way that even the most erudite advocate cannot determine their meaning unequivocally, it is no wonder so many such cases end up in litigation, as in the following case from Arkansas.

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Tags: disability claim denied, Corporate Governance, Health & Safety, Insurance Claims, Disability benefits