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21 May 2019Yesterday, the United States District Court for the Northern District of Alabama found in favor of a long-term disability claimant after an insurer ignored the opinions of his treating physicians in finding that he was not disabled under the terms of his employer’s long-term disability plan. A copy of the Court’s opinion in Wiley v. United of Omaha
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16 Oct 2018On September 20th, 2018, the Supreme Court of the United States dismissed, at the parties’ joint request, an ERISA lawsuit (Pioneer Centres Hold. v. Alerus Fin.) that could have potentially resolved an existing circuit split over who bears the burden of proof in ERISA breach of fiduciary duty claims. The case was dismissed because the underlying dispute was
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09 Oct 2018Health insurance provides critical benefits when you become sick or injured. However, some insurers deny perfectly valid claims, which might leave you in shock. After all, you have insurance precisely for emergencies, but here your insurer is denying your claim. Fortunately, you have rights, and it is sometimes possible to get an insurer to reverse course and approve
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Mr. Garner is an ERISA employee benefits and employment attorney with over a decade of experience. The laws governing employee benefits, the employment relationship, and the workplace are complex.
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