In US Airways, Inc. v. McCutchen, 2011 WL 5557411 (3rd Cir. Nov. 16, 2011), an ERISA plan sought reimbursement of 100% of what it had paid for medical bills for a car crash victim even though the victim had not been fully reimbursed because of limited liability coverage. The lawyers for the car crash victim … Continue Reading
My client was severely injured in a motorcycle accident. In a bad faith lawsuit against the at-fault driver’s insurance company we recovered a confidential amount well in excess of 150 times the policy limits. My client’s health insurer paid around $200,000 for medical care related to the crash. After resolving the bad faith case, my client’s health insurer … Continue Reading
My client was injured in an automobile accident. My client was an HMO member through his employer. The HMO was issued by Blue Cross and Blue Shield of Florida. After the accident, Blue Cross and Blue Shield provided some medical services to my client that were accident related, and also provided some services that were not related … Continue Reading
You are much more likely to become disabled during your work life than to die during your work life. Thus, disability insurance is very important to protect you and your family from financial ruin in the event of a disability. But, what happens when you insurance company denies your disability claim… Continue Reading
Recently, we prevailed in federal court on a contract interpretation issue under an ERISA short term disability insurance policy. Due to an illness, our client could not perform some of the essential duties of her job. She could perform some of her duties, she just couldn’t perform them all. Our client filed a claim for STD benefits … Continue Reading
My client’s brother was riding his motorcycle when another driver turned left in front of him. The motorcyclist struck the front right corner of the car. The motorcyclist died at the scene. The driver of the car received a ticket for violation of right of way. The motorcyclist was not speeding, and was not found to be … Continue Reading
My client’s husband had a seizure and fell in his home. He struck his head on the floor which resulted in a traumatic brain injury. Tragically, he later died of the TBI. At the time of his death, he was a plan participant in an ERISA benefits plan sponsored by his employer. One of his … Continue Reading
ERISA – Statute of Limitations One of the most perplexing issues that arise in ERISA cases is the applicable statute of limitations. The ERISA statute itself does not provide a specific statute of limitations for claims for benefits. Instead, Courts look to the Plan document, the insurance policy, and/or state law in making such a … Continue Reading
