Caitlin P. Strauss

May 3, 2024 | jdsupra.com | Matthew M. Haar |Amy Kline |Caitlin P. Strauss

This month’s Friday Five explores decisions from around the country discussing differences between LTD and LWOP policies, the breadth of discretion available to claims administrators and the always important topic of timely action by insurers in issuing claims decisions. Is there a difference between the “any reasonable job” language in a life-waiver-of premium policy and the “any gainful employment” language in a disability benefits plan?

Jan 5, 2024 | jdsupra.com | Michael Joyce |Amy Kline |Caitlin P. Strauss

This month’s Friday Five covers cases relating to the enforceability of contractual statute of limitations provisions described as a “labyrinth,” ERISA claims when the carrier allegedly misrepresents benefits, federal courts retaining ERISA jurisdiction following a related state court case, a court excusing an administrator’s regulatory violations under the arbitrary and capricious standard, and a court enforcing the clear terms of a plan relating to when coverage for benefits ends.

Dec 1, 2023 | jdsupra.com | Amy Kline |Caitlin P. Strauss

This month’s Friday Five explores a decision ordering an IME prior to a ruling on summary judgment motions, the extent claims reporting records can be sealed, the scope of ERISA preemption in the context of removal, and two decisions awarding summary judgment for the defendant despite the plaintiffs having received disability benefits for several years prior.

Sep 1, 2023 | jdsupra.com | Matthew M. Haar |Amy Kline |Caitlin P. Strauss

This month’s Friday Five explores decisions regarding the timeliness of appeals, the support necessary to sustain an LTD termination decision, a court’s discretion to credit and discredit expert opinions, the circumstances under which an insured may be required to prove they were prejudiced by the conduct of the insurer, and whether discovery may be permitted to supplement the administrative record when there are allegations of bias and bad faith in the LTD termination decision.

Aug 15, 2023 | jdsupra.com | Amy Kline |Caitlin P. Strauss

This month’s Friday Five addresses two cases involving disability claims that touch on Covid-19, a Circuit Court ruling for an insurer, a district court ruling that a 20-year-old regulatory settlement precluded an insurer from relying on the opinions of physicians it hired, and a claim for breach of fiduciary duty surviving a motion to dismiss in a life insurance case.