When a life insurance, long-term disability, or other ERISA claim is denied upon the first review, it can be tempting to want to run to the courthouse and file a lawsuit. After all, the frustrated ERISA claimant’s degree of trust in the claim review process is at an all-time low. Sure, the denial letter refers to an appeal process, but …
A recent decision by the U.S. Fifth Circuit Court of Appeals highlights just how tough it can be for people in Louisiana to hold on to their employer-sponsored long-term disability benefits. The case, Stout v. Smith International, Inc., No. 24-30571, 2025 WL 1029503 (5th Cir. Apr. 7, 2025) centers on Charles Stout, a Louisiana resident whose benefits for a heart …
In a recent decision, the New-Orleans based United States Court of Appeals for the Fifth Circuit affirmed a district court’s decision in an ERISA life insurance case where an insured’s formal beneficiary paperwork was incomplete but the insured’s intentions are unmistakably clear. The ruling in Morgan v. Barrera, No. 21-20497, 2025 WL 1234567 (5th Cir. Apr. 21, 2025), confirms that …
Published by The Pellegrin Firm January 12, 2020
In a decision dated December 31, 2019, a federal district court in the Northern District of Texas found for the surviving spouse in a life insurance dispute between a deceased man’s spouse and his sons.
Published by The Pellegrin Firm October 9, 2019
In a ruling issued October 1, 2019, the New Orleans-based U.S. Court of Appeals for the Fifth Circuit found for Securian Life Insurance Company in the case of a Texas teenager who shot himself in the head while hanging out with his friends
Published by The Pellegrin Firm October 6, 2019
An interesting March 22, 2018, decision from the New Orleans-based U.S. Court of Appeals for the Fifth Circuit found that it can be under Texas law. The court of appeals found the question to be close enough that the federal district court was wrong to grant summary judgment for the insurer.
Published by The Pellegrin Firm September 9, 2019
When a loved one dies on the job, it is common to experience grief, resentment, worry, and confusion. Louisiana has thousands of jobs in chemical plants, in the oil and gas industry, in construction, and on vessels. These are very strenuous jobs that pay well. However, they can also be very dangerous.
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.