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Office:
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Practice:
Life, Health & Disability
Mar 2016 - Publication
U.S. Supreme Court: ERISA Reporting Decisions are the Responsibility of Federal Government, Not States
Practice:
ERISA, Health Care, Life, Health & Disability
Nov 2013 - Publication
Insurance Code § 10110.6 Interpreted Regarding Group Disability Income Policy and Controlling Plan
Practice:
Life, Health & Disability
Apr 2013 - Publication
Plan's Terms, Not Equitable Principles, Govern An Action Pursuant to Section 502(a)(3) of ERISA
Practice:
ERISA, Insurance, Life, Health & Disability
Apr 2013 - Publication
Fiduciaries Must Act Diligently By Thoroughly Investigating All Potential Investment Opportunities for Beneficiaries
Practice:
ERISA, Insurance, Life, Health & Disability
Mar 2013 - Publication
Attorney-Client Privilege May Not Protect Communications Relating to ERISA Benefit Determinations Made Prior To Litigation
Practice:
Insurance, Life, Health & Disability
Mar 2013 - Publication
The Supreme Court To Decide Whether Equitable Defenses Can Preclude A Plan's Recovery Under Section 502(a)(3)
Practice:
Insurance, Life, Health & Disability
Feb 2013 - Publication
Developments in Insurance Case Law 2012
Practice:
ERISA, Insurance, Life, Health & Disability
Feb 2013 - Publication
Freeman Invs., L.P. v. Pac. Life Ins. Co. - Contract Claims In Putative Class Action Related to the Sale of Variable Life Policy Are Not Precluded By the Securities Litigation Uniform Standards Act Where the Claims Do Not Rest on a Misrepresentation or Fraudulent Omission
Practice:
Appellate, Insurance, Life, Health & Disability
Oct 2012 - Publication
Fick v. Unum Life Insurance Company of America, et al., - Plaintiff Prevailed In Remanding Long Term Disability Benefits Case To State Court.
Practice:
ERISA, Insurance, Life, Health & Disability
Sep 2012 - Publication
Garner v. Sedgwick Claims Management Services, Inc., et al.? Payroll Practice Exists Even When An Employee Exercises A "Buy-up" Option.
Practice:
ERISA, Insurance, Life, Health & Disability
Aug 2012 - Publication
Brady v. United of Omaha Life Insurance Co. ? Injunctive Relief Claims Dismissed Because Duplicative of Benefits Claim and Preempted by ERISA.
Practice:
ERISA, Insurance, Life, Health & Disability
Jul 2012 - Publication
Day v. AT&T Disability Income Plan ? Disability Benefits Can Be Offset by Pension Benefits Distribution.
Practice:
ERISA, Insurance, Life, Health & Disability
Jun 2012 - Publication
Harlick v. Blue Shield of California - Health Insurer Required Under California's Mental Health Parity Act to Pay Costs of Residential Treatment for Anorexia
Practice:
ERISA, Insurance, Life, Health & Disability
Jun 2012 - Publication
Orr v. Prudential Insurance Co., et al. ? ERISA Plans Not Preempted By State Community Property Law.
Practice:
ERISA, Insurance, Life, Health & Disability
Jun 2012 - Publication
Health Net, Inc. v. RLI Insurance Company ? Dishonest Acts Impact Liability Insurance Coverage.
Practice:
ERISA, Insurance, Life, Health & Disability
Apr 2012 - Publication
Salz v. Standard Insurance Co., et al. ? U.S. District Court Affirms Denial of Claimant's Disability Benefits
Practice:
ERISA, Insurance, Life, Health & Disability
Mar 2012 - Publication
Sayles v. Continental Casualty Company ? Summary Judgment Granted to Insurer for Plaintiff's Failure to Exhaust Administrative Remedies
Practice:
Life, Health & Disability
Oct 2011 - Publication
Aurora S.A. v. Steve Poizner ? Commissioner's Decision to Deny Purchase of California Insurance Company Upheld
Practice:
Appellate, ERISA, Insurance, Life, Health & Disability
Sep 2011 - Publication
Withrow v. Bache Halsey Stuart Shield, Inc., Salary Protection Plan (Ltd) ? California's 4 Year Statute of Limitations Applies to ERISA Claim
Practice:
ERISA, Insurance, Life, Health & Disability
Aug 2011 - Publication
Howell v. Hamilton Meats & Provisions, Inc. ? Economic Damages For Medical Care Limited To Amounts Actually Paid Regardless Of Discounts Applied By Medical Care Providers
Practice:
Insurance, Life, Health & Disability
Aug 2011 - Publication
Fairbanks v. Farmers New World Life Ins. Co.: Denial of Class Certification Upheld Where Plaintiffs Failed to Prove Uniform Misrepresentations On A Class-Wide Basis
Practice:
Class Action, Commercial Litigation, Life, Health & Disability
Jul 2011 - Publication
David Barboza v. California Association of Professional Firefighters, et al. ? Claimant's Failure to Exhaust his Administrative Remedies is Excused
Practice:
ERISA, Insurance, Life, Health & Disability
Jun 2011 - Publication
Cyr v. Reliance Standard Life Insurance Co., et al. ? In an En Banc Decision, the Ninth Circuit Reverses Authority Which Limited the Proper Parties in Some ERISA Matters to the Benefit Plan Itself, Or the Plan Administrator.
Practice:
ERISA, Insurance, Life, Health & Disability
Mar 2011 - Publication
Insurance Law Quarterly Newsletter
Practice:
ERISA, Insurance, Life, Health & Disability
Feb 2011 - Publication
Developments in Life, Health & Disability Case Law 2010
Practice:
Insurance, Life, Health & Disability
Jan 2011 - Publication
Quality Infusion Care, Inc., v. Health Care Services Corp., d/b/a Blue Cross and Blue Shield of Texas ? The Fifth Circuit Affirms An Insurance Company's Contractual Recoupment of Overpayments To HealthCare Provider
Practice:
ERISA, Insurance, Life, Health & Disability
Nov 2010 - Publication
Michael Mitchell. v. CB Richard Ellis Long Term Disability Plan ? Appeal upheld that MetLife abused its discretion in denying long term disability benefits
Practice:
ERISA, Insurance, Life, Health & Disability
Nov 2010 - Publication
Frederico Quan, et al. v. Computer Sciences Corporation; CSC Retirement and Employee Benefits Plan Committee, et al. ? The Ninth Circuit Adopts The "Moench Presumption" For Employee Stock Ownership Plans.
Practice:
ERISA, Insurance, Life, Health & Disability
Nov 2010 - Publication
Gunn v Reliance Standard Life Insurance Company ? Appellate Court reverses District Court's Decision: Policy language controls over Summary Plan Document and Reviewing Physician's Long-standing Relationship with Reliance Insufficient to Establish Conflict of Interest where Medical Evidence Supports Reasonableness of Administrator's Decision
Practice:
ERISA, Insurance, Life, Health & Disability
Oct 2010 - Publication
Gonzales v. Unum Life Insurance Company of America, et al.: Neither A Written Instrument Or A Form 5500 Are Required To Establish An Employee Benefit Plan Under ERISA.
Practice:
ERISA, Insurance, Life, Health & Disability
Oct 2010 - Publication
Finley v. Hartford Life And Accident Insurance Company 1 ? Ninth Circuit Reverses Northern District Court Decision on ERISA Long Term Disability Claim Based on Video Surveillance that Contradicted Plaintiff's Claim
Practice:
ERISA, Insurance, Life, Health & Disability
Sep 2010 - Publication
Jackson v. Wilson, Sonsini, Goodrich & Rosati Long Term Disability Plan, et al., On De Novo Review Lack of Objective Medical Evidence Results in Denial of Claim for Disability
Practice:
ERISA, Insurance, Life, Health & Disability
Sep 2010 - Publication
Fagan v. Life Insurance Co. of North America ? Plaintiff Prevails On Motion for Summary Judgment Based On Physical Impairment
Practice:
ERISA, Insurance, Life, Health & Disability
Sep 2010 - Publication
Bonner v. Metropolitan Life Insurance Co., et al. ? Life insurance beneficiary designation must be "signed" to be effective under Federal Employees Group Life Insurance Act ("FEGLIA"), 5 U.S.C. § 8705.
Practice:
ERISA, Insurance, Life, Health & Disability
Sep 2010 - Publication
Barbara Sterio v. HM Life, et al. - Denial of Long Term Disability Benefits Was An Abuse of Discretion.
Practice:
ERISA, Insurance, Life, Health & Disability
Aug 2010 - Publication
Mitchell v. Metropolitan Life Insurance ? Insurer Abused Discretion By Basing Denial Of Benefits On Narrower "Disability" Definition Among Policy's Conflicting Definitions
Practice:
Insurance, Life, Health & Disability
Aug 2010 - Publication
Marilyn McIlhaney v. Anthem Life Insurance Company Long Term Disability Plan, et al. Denial of Long Term Disability Benefits Was An Abuse of Discretion.
Practice:
ERISA, Insurance, Life, Health & Disability
Jul 2010 - Publication
Tad Devlin Authors Article for ICA Summer 2010 Newsletter
Practice:
ERISA, Insurance, Life, Health & Disability
Jun 2010 - Publication
Lagstein v. Certain Underwriters at Lloyd's, London - Ninth Circuit Upholds Arbitration Award Against Disability Insurer
Practice:
Appellate, Insurance, Life, Health & Disability
May 2010 - Publication
Kim Iann Manning v. American Republic Insurance Company ? Plan Administrator May Require Objective Medical Evidence of Disability
Practice:
Insurance, Life, Health & Disability
Apr 2010 - Publication
ICA's Spring 2010 Newsletter Includes Two Gordon & Rees Articles
Practice:
ERISA, Insurance, Life, Health & Disability
Apr 2010 - Publication
Wise v. Verizon Communications Inc. - One Statute of Limitations Per State For ERISA Benefits-Recovery Claims
Practice:
ERISA, Insurance, Life, Health & Disability
Mar 2010 - Publication
Developments in Life, Health & Disability Case Law 2009
Practice:
Insurance, Life, Health & Disability
Feb 2010 - Publication
A Review of the U.S. Supreme Court's Rulings in Employment Law
Practice:
Employment, ERISA, Labor, Life, Health & Disability
Jan 2010 - Publication
United States Life Insurance Co. v. Superior National Insurance Co. - Arbitration Panel's Ex Parte Meeting with Neutral Experts Not Unfair
Practice:
Insurance, Life, Health & Disability
Jan 2010 - Publication
Insurance Law Quarterly Newsletter
Practice:
ERISA, Insurance, Life, Health & Disability
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