Anyone who has been in a car accident is familiar with exchanging insurance information with the other driver or drivers involved in the accident. If there is a police report, the investigating officer includes the insurance information for each vehicle involved in the accident. Louisiana law requires all Louisiana residents who own a car to carry liability insurance in the …
When a proposed insured applies for larger life insurance policies, it is common for an insurance company to require answers to a series of health questions. Usually, insurers will not request medical records to confirm the accuracy of the answers to the questions before issuing the policy and accepting premiums. However, if an insured dies within two years of the …
Published by The Pellegrin Firm November 1, 2021
Judge Oldham argues that the Fifth Circuit has strayed from the Supreme Court’s instructions, and that law, logic, and history cannot square the legislative purposes of ERISA with the Fifth Circuit’s deferential review of benefit determinations (at least those in which the plan gives discretionary authority to the claim administrator).
Published by The Pellegrin Firm August 15, 2021
In a decision dated February 24, 2021, the Louisiana First Circuit Court of Appeal affirmed a district judge’s ruling dismissing all claims against a middle driver in a chain-reaction crash.
Published by The Pellegrin Firm June 27, 2021
In a recent decision dated June 9, 2021, the Louisiana Third Circuit Court of Appeal in Lafayette found that a jury’s damage award to a man injured due the negligence of a dealership service technician was abusively low.
Published by The Pellegrin Firm May 18, 2021
In a recent decision, a federal district court in Kentucky found that United of Omaha erred in denying short-term disability (“STD”) and long-term disability (“LTD”) benefits to a worker disabled by Parkinson’s disease, chronic pain, and disk degeneration.
Published by The Pellegrin Firm March 24, 2021
In a recent decision, The U.S. Court of Appeals for the Tenth Circuit affirmed a district court’s decision ruling that Reliance Standard Life Insurance Company was wrong in finding that a man disabled due to prostate cancer was not covered by his employer’s group policy when he became disabled.
Published by The Pellegrin Firm February 15, 2021
In a recent decision, a judge of the U.S. District Court for the District of Massachusetts found for an insurer in a lawsuit brought by a widow challenging the denial of an accidental death insurance claim. The plaintiff was an employee of PricewaterhouseCoopers LLP, which sponsored the spousal accidental death insurance as an employee benefit.
Published by The Pellegrin Firm January 31, 2021
The Uniform Statute of Limitations for Maritime Torts establishes a three-year statute of limitations for claims arising from injury occurring on navigable waters. The Uniform Statute applies to actions under the Jones Act, as well as to claims by seamen for injuries based on unseaworthiness of a vessel and claims for any other party’s negligence arising under general maritime law. The statute is codified at 46 U.S.C.A. § 30106.
Published by The Pellegrin Firm December 26, 2020
A federal district court in California recently found that Aetna erred in denying long-term disability benefits to a Software Management Engineer employed by Jet Propulsion Laboratory, a federally funded research facility owned by NASA and managed by California Institute of Technology (Caltech).