We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
Lexology logo
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-3 of 3

Recent case holds that ERISA plan fiduciaries cannot seek reimbursement from the contingency fee award to the participant’s attorney

  • Williams Mullen
  • -
  • USA
  • -
  • September 13 2010

A recent decision in the U. S. District Court for the Eastern District of North Carolina has held that a plan administrator with a claim against the insured for amounts recovered from a third party for medical benefits cannot pursue equitable remedies against the contingency fee attorney under the Employee Retirement Income Security Act of 1974 (“ERISA”

Several mistakes by the claim administrator lead to an award of disability benefits

  • Williams Mullen
  • -
  • USA
  • -
  • March 15 2011

The Ninth Circuit overturned the denial of benefits by a plan administrator in a case that provides a useful “reverse weathervane,” showing several mistakes that a plan administrator should not make when reviewing a benefits claim

Sixth Circuit case highlights potential traps for employee health care benefits: Clarcor, Inc. v. Madison National Life Insurance Company, Inc

  • Williams Mullen
  • -
  • USA
  • -
  • August 20 2012

In a case that highlights several potential problems in employee benefit plan design, the Sixth Circuit Court of Appeals in Clarcor, Inc. v. Madison National Life Insurance Company, Inc., No. 11-6177 (6th Cir. Jul. 31, 2012) (unpublished), held that an insurance policy covering certain health care costs for employees did not cover an employee once she was placed on short-term disability leave