Published by The Pellegrin Firm September 2, 2019
In an August 20, 2019, ruling out of the U.S. District Court for the Western District of Louisiana, Judge S. Maurice Hicks sided with Metropolitan Life Insurance Company in a dispute against a deceased man’s wife and children over life insurance benefits.
Published by The Pellegrin Firm August 31, 2019
Prescription drug abuse is a very visible issue in our society today. This problem is big in the news and big in the legislative and legal landscape.
Published by The Pellegrin Firm August 23, 2019
Accidental Death & Dismemberment (AD&D) insurance is an important planning tool families use to protect against the consequences of the accidental death of a loved one. In addition, these policies often cover loss of a limb, hearing, or vision due to accident, losses which can seriously affect earning capacity. These policies can be sold by themselves or as a rider to a traditional life insurance policy.
Published by The Pellegrin Firm August 20, 2019
In 1974, Congress passed the Employee Retirement Income Security Act (ERISA), which granted claimants a cause of action in federal court for benefits wrongfully-denied pursuant to employer-sponsored retirement plans, disability insurance, life-insurance plans, and other various types of employer-provided benefits.
Published by The Pellegrin Firm August 13, 2019
This question is one of the “labyrinthine complexities” of ERISA law and practice, as stated by the New Orleans-based U.S. Court of Appeals for the Fifth Circuit in last year’s decision, Manuel v. Turner Indus. Grp., L.L.C., 905 F.3d 859 (5th Cir. 2018).
Published by The Pellegrin Firm August 11, 2019
Living while receiving long-term disability benefits from an insurance company can feel stifling. If the insurance company is paying tens of thousands of dollars to a claimant yearly, it may find it cost effective to invest in surveillance – either through social media or in person – to find a reason to terminate benefits.
Published by The Pellegrin Firm August 8, 2019
On July 23, 2019, U.S. District Judge Susie Morgan in New Orleans affirmed a magistrate judge’s sanctions against State Farm Insurance for failure to follow court orders and failure to negotiate in good faith. The case arose out of a motor vehicle accident.
Published by The Pellegrin Firm August 7, 2019
Life insurance disputes are complicated, and beneficiaries will often find that insurance companies will try to find any excuse not to pay what the policy requires. However, life insurance companies must follow strict procedural rules, or they could find themselves having to pay the policy amount plus attorneys’ fees in court. On June 13, 2018, the U.S. Court of Appeals for the Fifth Circuit in New Orleans ruled on the appeal of a woman seeking payment on her husband’s life insurance policy.
In the recent case of Faciane v. Sun Life Assurance Co. of Canada, No. 18-30918, __F.3d__, 2019 WL 3334654 (5th Cir. July 25, 2019), the New Orleans-based U.S. Court of Appeals for the Fifth Circuit followed other federal courts of appeal and several district courts within the Fifth Circuit in finding that the time limit for challenging an ERISA LTD administrator’s benefit calculations in court begins upon notice of the benefit calculation.
Published by The Pellegrin Firm July 31, 2019 On May 8, 2019, the Louisiana Supreme Court in New Orleans upheld a trial court’s decision to grant summary judgment for the Louisiana Department of Transportation and Development (“DOTD”) in the case of a motorcyclist suing the DOTD alleging an unreasonably dangerous intersection contributed to his injuries. The accident in question took …