The story of Melissa Amschwand's losing effort to obtain a remedy for Spherion's breach of fiduciary duty received a bit of front page news coverage yesterday from the Associated Press. Given the large number of people receiving employee benefits that fall under ERISA, tens of millions of folks, this type of miscarriage of justice will happen regularly until Congress or the Supreme Court fixes the statute. I'm not holding my breath for the judicial branch in light of the many opportunities the Supreme Court has passed by culminating with Amschwand's petition for writ of certiorari being denied last month.
- ?I have been awarded Social Security disability benefits. But the insurer of my disability policy has denied my claim. Can the insurer do that?
- ?I already have a lawyer working on my social security disability claim. Can't that lawyer handle my disability insurance claim too?
- ?What issues do you see in life insurance claims?
- Posted on 07/11/2019Timothy D. v. Aetna Health and Life Ins. Co.
- Posted on 06/24/2019Family says insurance fails to pay for mental health coverage despite medical necessity
- Posted on 04/24/2006Eliminating Discretionary Clauses in Insurance Policies