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July 2010

Tad Devlin Authors Article for ICA Summer 2010 Newsletter

The Summer 2010 edition of ICA News, the quarterly newsletter of the International Claims Association, includes an article authored by Gordon & Rees attorney Tad Devlin

  • ERISA Claimant May Seek Attorney's Fees Even If Not a "Prevailing Party" Per Se  Claims professionals and administrators handling ERISA disability claims are aware that courts have discretion under ERISA to award attorney fees to claimants.  A question of some debate recently is whether the claimant must be a "prevailing party" to receive his or her fees under the ERISA statute.  The United States Supreme Court addressed this issue recently in Hardt v. Reliance Standard Life Insurance Co. (2010) 560 U.S. __.  In Hardt, the Supreme Court concluded a litigant need not be the prevailing party under ERISA section 502(g)(1), but instead must achieve "some degree of success on the merits."  If so, the trial court has discretion to award fees. 

Please click here to read the Summer 2010 ICA News.

About the International Claims Association: Since its founding in 1909, the International Claims Association (ICA) has been at the forefront of addressing a broad range of life, health and disability claim issues, including those relevant in the day-to-day operation of claim departments. The ICA provides a forum for information exchange and a program of education tailored to the needs of its member life and health insurance companies, reinsurers, managed care companies, TPAs, and Blue Cross and Blue Shield organizations worldwide. For more information about ICA, please click here.


Life, Health & Disability