Good morning, ERISA Watchers! There were several appellate court decisions this past week, but I want to highlight a district court case that presents a good lesson for employers and plan participants alike when it comes to changes to plan benefits. In Boyles, Jr. v. American Heritage Life Insurance Company, et al., No. 3:15-CV-274, 2019 WL 1767565 (W.D. Pa. Apr. 22, 2019), Plaintiff Boyles brought suit for the denial of disability benefits against his former employer, St. Marys Insurance Agency; the president of his former employer, Jeffrey Azzato; the employer’s former long-term disability insurer, Allstate; and the employer’s current LTD insurer, Unum. He also alleged that Azzato and St. Marys breached their fiduciary duties to him.
Continue Reading Court Holds Employer Has No Affirmative Duty to Inform Participant of Change in Disability Insurers
Court Holds that Brooklyn Public Library Disability Plan is Not Subject to ERISA Governmental Plan Exemption
Hello, ERISA Watchers! Getting this out a day early so I could wish you all a Happy Passover, Easter, and Sunday! This was another relatively slow week for ERISA decisions. I expect it to pick back up over the next few weeks.
This week’s notable decision is Skornick v. Principal Financial Group, et al., No. 18-CV-4324 (CS), 2019 WL 1723741 (S.D.N.Y. Apr. 18, 2019), where the court determined that a group disability benefit policy purchased through Defendant Brooklyn Public Library (“the Library”) is subject to ERISA because it does not meet ERISA’s governmental plan exemption.
Continue Reading Court Holds that Brooklyn Public Library Disability Plan is Not Subject to ERISA Governmental Plan Exemption
Second Circuit Holds Attorney’s Lawsuit for Disability Benefits Time-Barred under Policy’s Limitations Period
Good morning, ERISA Watchers! There were several interesting decisions this past week including those involving discovery in disability cases subject to de novo review, rescission of medical benefits for undocumented immigrants, and an equitable surcharge remedy awarded against a breaching fiduciary in the life insurance context. For this week’s notable decision, I want to highlight the unpublished Second Circuit decision in Arkun v. Unum Group, No. 17-3354, __F.App’x__, 2019 WL 1579589 (2d Cir. Apr. 12, 2019), a matter involving a late-filed lawsuit for long-term disability benefits. This is a good reminder for all of us to review and calendar the limitations periods in our cases.
Plaintiff-Appellant Arkun, a former tax attorney appearing pro se, appealed the district court’s grant of summary judgment to Unum Group upon finding the action is time barred under the group disability insurance policy’s (the “Policy”) applicable statute of limitations.
Continue Reading Second Circuit Holds Attorney’s Lawsuit for Disability Benefits Time-Barred under Policy’s Limitations Period