Can an ERISA plan’s “choice of law” provision trump a state’s insurance regulation banning discretionary review? Sometimes yes, this time no. Here’s the case of Curtis v. Hartford Life and Accident Insurance Company, [PDF], No. 11 C 24489 (N.D. Illinois, January 18, 2012)(Magistrate Judge Jeffrey Gilbert)(Opinion attached)(Plan’s choice of law provision, applying another state’s law… Continue Reading
Monthly Archives: January 2012
Ninth Circuit: What Happens When the Plaintiff is not a Plan “Participant”? Move to Dismiss for Lack of Subject Matter Jurisdiction? Think Again.
Posted in ERISA, UncategorizedCourts had dismissed ERISA cases for lack of subject matter jurisdiction when the plaintiff was not a plan “participant, beneficiary or fiduciary.” Harris v. Provident Life Accident Ins. Co., 26 F.3d 930, 934 (9th Cir. 1994). Not any more in the Ninth Circuit. The issue is now merely an element of the ERISA case. Rather… Continue Reading
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