Recovery From Dissolved Corporation's Liability Insurer Barred By Foreign...
The recent case of Greb v. Diamond International Corp. highlights the need for dissolved corporations and their insurers to consider the survival statute of their state of incorporation when defending...
View ArticleApproval Slated for $73 Million Settlement of Life Insurance Class Action...
United States District Judge Howard Matz of the Central District of California indicated yesterday that he would preliminarily approve a proposed $73 million settlement of a class action lawsuit...
View ArticleSCOTUS Declines Review in Case Allowing Health Care Provider to Pursue State...
The United States Supreme Court recently denied certiorari in a Fifth Circuit case, United Healthcare Insurance Co. v. Access Mediquip LLC, that allowed a health care provider to pursue state law...
View ArticleAttorneys' Fees Reduce ERISA Plan's Recovery From Common Fund
The United States Supreme Court ruled today that absent an express provision to the contrary, the amount an ERISA plan can recover from a plan participant’s lawsuit against a third-party tortfeasor...
View ArticleLiability Insurers May Have Duty to Defend Against Federal Prosecutions,...
The Second Appellate District of California held on May 1 in Mt. Hawley Ins. Co. v. Lopez that California Insurance Code section 533.5(b) does not eliminate a liability insurer’s duty to defend against...
View ArticleInsurer Has No Duty To Verify Accuracy of Insurance Application Representations
In American Way Cellular, Inc. v. Travelers Property Casualty Company of America, issued May 30, 2013, the California Court of Appeal for the Second Appellate District reaffirmed that insurers are not...
View ArticleOppression and Surprise Render Arbitration Provision Unenforceable
In Vargas v. SAI Monrovia, the California Court of Appeal for the Second Appellate District addressed the enforceability of an arbitration provision in a vehicle purchase agreement. The court held that...
View ArticleThe Ninth Circuit Revisits - and Limits - the "Presumption of Prudence" For...
Earlier this week, the Ninth Circuit Court of Appeals ruled in Harris v. Amgen that an ERISA pension plan fiduciary is not protected from liability under the “presumption of prudence” for company stock...
View ArticleDon't Forget To Select Your Arbitrator
In HM DG, Inc. v. Amini, the California Court of Appeal for the Second Appellate District held that an arbitration clause was enforceable even though it did not specify the agency to arbitrate the...
View ArticleAccrual of Statute of Limitations for ERISA Disability Claim to be heard by...
On October 15, 2013, the United States Supreme Court will conduct oral argument in Heimeshoff v. Hartford Life & Accident Ins. Co., et al., addressing the accrual of the statute of limitations for...
View ArticleSCOTUS Unlikely to Reject Three-Year Limit for Filing Lawsuit in ERISA...
The transcript from this morning’s oral argument at the United States Supreme Court reflects that a majority of justices seem poised to uphold an ERISA plan provision imposing a three-year limit for...
View ArticleYou Can Plan On The Plan: United States Supreme Court Rejects Invitation To...
On December 16, the United States Supreme Court issued its opinion in Heimeshoff v. Hartford Life & Accident Insurance Company. The unanimous decision, which was written by Justice Clarence Thomas,...
View ArticleNinth Circuit Takes Narrow View of ERISA Surcharge Remedy
In Gabriel v. Alaska Electrical Pension Fund, the Ninth Circuit ruled that a pension plan participant could not be “made whole” by using the equitable remedy of surcharge to recover pension benefits he...
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