Sep 10, 2010
Legal Document Library
Disability and Life Insurance Claims
Burgio v. The Prudential [PDF]
Description: Burgio, ERISA, discovery,
Kellogg v. Metropolitan Life Ins. Co. [PDF]
Description: AD&D, accidental death, ambiguity, standard of review, de novo, reasonable expectations
Cohen v. MetLife [PDF]
Description: Contempt, ERISA, disability, Cohen,
Ziesemer v. First UNUM [PDF]
Description: disability claim, deemed denied, exhaustion, remand
Cooper v. LINA [PDF]
Description: disability insurance claim, LINA, ERISA, arbitrary and capricious, Cooper v. LINA,
Nicolas v. MCI [PDF]
Description: venue, forum selection clause, ERISA,
Levy v. INA Life Ins. Co. [PDF]
Description: claims handling manual, disclosure in litigation, cofidential information, protective order
Milliman Report Regarding the Cost of Eliminating Discretionary Clauses [PDF]
Description: discretionary authority, NAIC, insurers, prohibition of discretionary clauses
Provident Internal Memo: Why Insurers Love ERISA [PDF]
Description: ERISA, Provident, limited remedies, no jury trials, no consequentials, no punitives
Description: Salt Lake City, Utah law firm representing life insurance and disability claims in Utah and nationwide. If you’ve lost a family member or are suffering from a disabling condition or disease, contact the law offices of ERISA and disability lawyer Brian S. King.
Medical Claims
EPIC v. Salt Lake County [PDF]
Description: EMTALA, unjust enrichment, prisons, jails, reasonable value, quantum meruit
Juniper v. M & G Polymers USA [PDF]
Description: ERISA, venipuncture, bundling, abuse of discretion, medical benefits
Boldon v. Humana [PDF]
Description: experimental, investigational, unresectable hepatocellular carcinoma, liver cancer, TheraSphere
Whitley v. Carolina Care Plan (part 2) [PDF]
Description: Whitley v. Carolina Care Plan, LVAD, experimental
Whitley v. Carolina Care Plan (part 1) [PDF]
Description: Whitley v. Carolina Care Plan, LVAD, experimental,
Via Christ Regional Medical Center v. Blue Cross and Blue Shield of Kansas [PDF]
Description: Via Christi, medical claim for premature baby, fiduciary duty claim, ERISA, contribution by co-fiduciaries, Wesley E. Brown
Schoedinger v. United HealthCare of the Midwest [PDF]
Description: Schoedinger, United HealthCare of the Midwest, down coding, re-pricing, grouping, prompt payment laws
Northern Utah Healthcare Corp v. BC Life & Health Ins. Co. [PDF]
Description: ERISA preemption, negligent misrepresentation, estoppel, healthcare provider, insurance verification
NAGA Opposes HIMMA [PDF]
Description: National Association of Attorneys General Opposes the Health Insurance Marketplace Modernization and Affordability Act
Illinois Insurance Dept. Opposes HIMMA [PDF]
Description: Illinois Insurance Department letter to Senator Obama opposing the Health Insurance Marketplace Modernization and Affordability Act of 2006
Illinois Attorney General statement regarding the Health Insurance Marketplace Modernization Act [PDF]
Description: Illinois Attorney General, Lisa Madigan, opposes the Health Insurance Marketplace Modernization Act. This letter outlines her concerns.
Krodel v. Bayer Corp. [PDF]
Description:
Hernandez v. Prudential opinion [PDF]
Description: ERISA, Brian S. King, relevant documents, pertinent documents, ERISA claim procedures, denied medical claim
Teen Help v. Operating Engineers Health & Welfare Trust Fund opinion [PDF]
Description: ERISA, Brian S. King, denied medical claim, pertinent documents, ERISA claim procedures, relevant documents
University of Utah Hospital v. Educators Mutual arbitration award [PDF]
Description: denied medical claim, insurance, notice-prejudice rule, Brian S. King
Haymond v. Eighth District Electrical Benefit Fund opinion [PDF]
Description: Haymond, Eighth District Electrical Benefit Fund, ambiguity, ERISA plan documents, Brian S. King
Peay v. BellSouth Medical Assistance Plan opinion [PDF]
Description: ERISA, Nationwide Service of Process, jurisdiction, venue, Brian S. King
Neurocare, Inc. & Barbara Whitmore Decision [PDF]
Description: rehabilitation claim, ERISA, Brian S. King, Neurocare, Principal Life Insurance Co.
Memorandum Decision in Toman v. Goldman, Sachs Medical Benefit Plan [PDF]
Description: orthognathic surgery, medical necessity, medically necessary, jaw surgery, ERISA, medical claim denial; United HealthCare, Brian S. King
General Information
Preliminary Injunction in C/HCA, et. al., v. Regence Blue Cross Blue Shield of Utah [PDF]
Description: Preliminary Injunction
Secretary of Labor amicus brief in Nicolas v. MCI Health [PDF]
Description: The Secretary of Labor determines that forum selection clauses in ERISA plans are bad
ACI 2009 ERISA Conference brochure [PDF]
Description: ACI ERISA Conference brochure, 2009
Krolnik v. Prudential [PDF]
Description: Krolnik v. Prudential
Santos v. Quebecor World LTD Plan [PDF]
Description: Santos, ERISA, discovery
Walker v. Metropolitan Life Ins. Co. [PDF]
Description: ERISA, discovery, conflict of interest, Glenn, Abatie, file reviews
Wal-Mart letter to James Shank [PDF]
Description: Shank, Wal-Mart, subrogation, reimbursement
Tiffany v. UNUM Life Ins. Co. [PDF]
Description: ERISA, life insurance, remedies, preemption, "thief and confidence man"
Georgetown Study [PDF]
Description: Georgetown Study, effect of arbitrary and capricious standard of review, deferential review, ERISA
Allstate's McKinsey & Co. documents [PDF]
Description: Allstate, McKinsey & Company, from good hands to boxing gloves, Berardinelli,
Pruitt v. United Healthcare Services [PDF]
Description: Subrogation, state law claims, removal, remand, ERISA preemption
Remarks at 2007 UTLA Annual Meeting [PDF]
Description: Shank, ERISA, subrogation, UTLA
Smith v. Jefferson Pilot Fin. Ins. Co. [PDF]
Description: discovery, fiduciary exception, attorney-client privilege, insurer
Diaz v. Prudential Ins. Co. [PDF]
Description: standard of review, scope of review, ERISA, trial
Langbein Law Review Article Regarding Deferential Review [PDF]
Description: Langbein, ERISA, standard of review, Bruch, discretion, error,
In Re UnitedHealth Group PSLRA litigation [PDF]
Description: UHG, backdating of stock options,
Trustees v. Papero [PDF]
Description: subrogation, attorney as ERISA fiduciary
Physicians v. BCBSA Settlement Agreement [PDF]
Description: Blue Cross and Blue Shield Association, class action, physicians, preferred provider agreements, settlement agreement, Moreno
ERISA's claims procedure regulations [PDF]
Description: ERISA's claims procedure regulations
DOL's ERISA Claims Procedure FAQs [PDF]
Description: Department of Labor FAQs for ERISA's claims procedures
John Doe v. Hartford [PDF]
Description: pseudonym, court order allowing use of pseudonym, privacy
Westphal v. Eastman Kodak Co. [PDF]
Description: Westphal, medical necessity, psychiatric, unpaid claims, appeal
Joint Letter Opposing Amendments to ERISA [PDF]
Description: joint letter from 162 lawyers, law professors and organizations opposing changes to ERISA, equitable relief, monetary relief, ERISA,
Federal Giveaway Would Hurt Utahns [PDF]
Description: Pension Protection Act, giveaway to insurance companies, amendment of ERISA, subrogation, reimbursement of health insurance payments, one-way street
Lundquist v. Continental Casualty Co. [PDF]
Description: denied disability claims, denied healthcare claims, healthcare appeals processes
Hits
Blankenship v. MetLife [PDF]
Description: Blankenship v. MetLife
Holmstrom v. MetLife [PDF]
Description: Holmstrom v. MetLife
Standard v. Morrison (9th Circuit opinion) [PDF]
Description: Standard Ins. Co. v. Morrison
Atwood v. Swire Coca-Cola, USA [PDF]
Description: equitable relief under ERISA, instatement, Atwood, breach of fiduciary duty
Quaid v. U.S. Healthcare [PDF]
Description: health insurance for adopted children, COBRA, Quaid, Loren Cook Plan, Aetna, termination of insurance coverage
Nichols v. Wal-Mart Stores Inc. Assoc. Health & Welfare Plan [PDF]
Description: elective abortion, Wal-Mart, health benefits, full and fair review, black box
Demirovic v. Building Sevice 32 B-J Pension Fund [PDF]
Description: disability claim, arbitrary and capricious, able to work
Dishman v. UNUM [PDF]
Description: ERISA preemption, Dishman, invasion of privacy, state law remedies
DiFelice v. Aetna U.S. Healthcare [PDF]
Description: limited remedies under ERISA, HMO, damages for wrongful claim denials
Fought v. UNUM Life Ins. Co. [PDF]
Description: UNUM Insurance Co., interpretation of insurance policy, arbitrary and capricious standard of review, conflict of interest
Seitz v. Metropolitan Life Ins. [PDF]
Description: disability insurance, interpretation of insurance policy
Herzberger v. Standard Life Ins. [PDF]
Description: discetionary authority, ERISA, language sufficient to trigger arbitrary and capricious standard of review
Misses
Garcia v. Best Buy Stores [PDF]
Description: ERISA, statute of limitations
Holdeman v. Devine [PDF]
Description: breach of ERISA fiduciary duties
Klotz v. Xerox Corp [PDF]
Description: forum selection clause, ERISA, venue, jurisdiction
Mote v. Aetna Life Ins. Co. [PDF]
Description: ERISA, disability insurance, surveillance, arbitrary and capricious
Brigham v. Sun Life of Canada [PDF]
Description: disability insurance, arbitrary and capricious, paraplegic, Sun Life insurance,
Kimber v. Thiokol Corporation [PDF]
Description: Kimber v. Thiokol, diabetes as a disabling condition, arbitrary and capricious,
Semien v. Life Ins. Co. of N.A. [PDF]
Description: discretionary authority, ERISA, conflicted fiduciary, insurer,
Adamson v. UNUM Life Ins. Co. [PDF]
Description: UNUM Life Insurance Co., interpretation of insurance policy, arbitrary and capricious, conflict of interest
Gallagher v. Reliance Standard Life Ins. [PDF]
Description: disability insurance, interpretation of insurance policy