In Downes v. Unum Life Insurance Company of America, No. 23-CV-01643-RS, 2024 WL 4876940 (N.D. Cal. Nov. 22, 2024), following the Court’s prior order holding Unum accountable for payment of Plaintiff’s long-term disability benefits, Northern California District Judge Richard
Roberts Disability Law
Roberts Disability Law is a Bay Area law firm that represents California employees and insureds in disputes under the Employee Retirement Income Security Act (ERISA). The firm is particularly focused on claims for disability and life insurance benefits. Roberts Disability Law represents its clients in all stages of an insurance claim, including assistance with filing a claim, submitting a pre-litigation appeal, filing a lawsuit in federal district court, and filing an appeal in the Courts of Appeals. Roberts Disability Law is proud to be a woman- and minority-owned law firm.
Website:
https://robertsdisability.com/
Roberts Disability Law Blogs
Latest from Roberts Disability Law
District Court Finds Unum’s Termination of Disability Benefits for a Former Unum Employee It Found Disabled for 20 Years Was Arbitrary and Capricious
By Kristin Kyle
In Barnes v. Unum Life Ins. Co. of Am., No. 2:23-CV-00280-LEW, 2024 WL 4751710 (D. Me. Nov. 12, 2024), on Cross-Motions pursuant to FRCP Rule 52, Maine District Chief Judge Lance E. Walker granted judgment in favor of Plaintiff…
District Court Finds Disability Policy’s Subrogation and Reimbursement Provision Did Not Encompass Proceeds from Underinsured Motorists Claim
In Gallen v. Liberty Life Assurance Company of Boston & Lincoln National Life Insurance Company, No. 8:22-CV-02031-WLH-JDE, 2024 WL 4751576 (C.D. Cal. Nov. 12, 2024), California Central District Judge Wesley L. Hsu granted judgment for Plaintiff finding that the Long-Term…
Sixth Circuit Finds Insurance Company Cannot Start Clock on Disability Policy’s 24-Month Mental Illness Limitation Until Claimant’s Physical Disability is No Longer Totally Disabling
In McEachin v. Reliance Standard Life Ins. Co., No. 24-1071, _F.4th_, 2024 WL 4759527 (6th Cir. Nov. 13, 2024), a dispute over the termination of long-term disability benefits under an ERISA-governed benefit plan, the Sixth Circuit was presented with…
Third Circuit Affirms Standard Insurance Company’s Decision to Terminate Long-Term Disability Benefits under the “Any Occupation” Standard
In Brown v. Covestro LLC Welfare Benefits Plan, et al., No. 24-1043, 2024 WL 4751199 (3d Cir. Nov. 12, 2024), Plaintiff challenged the termination of his long-term disability benefits after Standard Insurance Company, his employer’s disability insurance company, determined…
District Court Finds Twitter Executives May Alternately Plead an ERISA Claim Against Elon Musk for Breach of Fiduciary Duty and Surcharge for Interference with Plaintiffs’ Rights to Severance Benefits
By Kristin Kyle
In Agrawal, et al. v. Elon Musk, et al., No. 24-CV-01304-MMC, 2024 WL 4654442 (N.D. Cal. Nov. 1, 2024), California Northern District Judge Maxine M. Chesney denied Defendants’ 12(b)(6) Motion to Dismiss the Fifth Cause of Action for unlawful…
Fifth Circuit Affirms Denial of ERISA Severance Plan Benefits Where Plan Administrator Found No Good Reason for Resignation Following Acquisition
In Gift v. Anadarko Petroleum Corporation Change of Control Severance Plan, et al., No. 23-50862, 2024 WL 4689051 (5th Cir. Nov. 6, 2024), the court considered whether Anadarko Petroleum Corporation’s Change of Control Severance Plan (“Plan”) abused its discretion…
Ninth Circuit Affirms Decision Finding Legal Separation Agreement Qualifies As a QDRO
In Hartford Life and Accident Insurance Company v. Valois, No. 23-3286, 2024 WL 4678055 (9th Cir. Nov. 5, 2024), an interpleader action, the Ninth Circuit affirmed the district court’s determination that a Legal Separation Agreement (“LSA”) was a Qualified…
Seventh Circuit: Sole Proprietorship Is Liable for Unpaid Pension Contributions to Multi-Employer Plan
In Trustees of the N.E.C.A./LOCAL 145 I.B.E.W. Pension Plan v. Mausser, No. 24-1472, 2024 WL 4647936 (7th Cir. Nov. 1, 2024), the Trustees of the National Electrical Contractors Association and the Local 145 I.B.E.W. Pension Plan (jointly “the Plan”)…
District Court Dismisses Unum from Disability Benefit Lawsuit Because Unum Had No Discretionary Authority and Was Not an ERISA Fiduciary
By Kristin Kyle
In Shea v. Unum Life Insurance Company of America, et al., No. 24-CV-10402-ADB, 2024 WL 4593525 (D. Mass. Oct. 28, 2024), Massachusetts District Judge Allison D. Burroughs granted Unum Life Insurance Company of America’s 12(b)(6) Motion to Dismiss Plaintiff’s…