June 2011

So who is a proper defendant in an ERISA benefits case? BIG NEWS: The answer just changed in the Ninth Circuit.

The Ninth Circuit just overruled Everhart v. Allmerica Financial Life Insurance Co., 275 F.3d 751 (9th Cir. 2011) and other cases, which limited proper defendants to plans and plan administrators.

In the Ninth Circuit,…

What Plan Language do You Need to Confer Discretionary Review?

Do you get discretionary standard of review if the plan states: “Written or authorized electronic proof of loss SATISFACTORY TO US must be given to Us at Our office, within 90 days of the loss for which claim is made.”

You would likely have discretionary…