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Tag Archives: ERISA

Insurance – Accidental Death – Pilot Exclusion – DOI Approval – ERISA (access required)

Youngblood v. Metropolitan Life Insurance Co. When the plane that plaintiff’s husband was piloting went down and killed her husband, the N.C. Department of Insurance had not yet approved the pilot’s exclusion in plaintiff’s accidental death policy; nevertheless, the exclusion applies to bar coverage. Defendants’ motion for summary judgment is granted.

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Arbitration – Award Confirmation – Health Insurance – Statute of Limitations – ERISA – Attorneys’ Fees – Affidavit (access required)

Aetna Health of the Carolinas v. Piedmont Endocrinology Medical Associates, P.A. Even if some of plaintiffs' claims were brought more than three years after they arose, an arbitrator's misapplication of the law does not justify vacation of an arbitration award. The arbitrator's alleged failure to properly apply the statute of limitations provides no justification to vacate the award pursuant to 9 U.S.C. § 10(a).

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Labor & Employment – ERISA – Life Insurance – Benefits Denied – Premiums Refunded (access required)

McCravy v. Metropolitan Life Ins. Co. A bank employee who paid for life insurance for her daughter through her employee benefit plan, but who was denied insurance benefits when her 25-year-old daughter died, is not entitled to the insurance proceeds as "equitable relief" for the insurance carrier's breach of fiduciary duty after the daughter was no longer eligible for the insurance; the 4th Circuit says plaintiff only gets a refund of the premiums she paid.

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Labor & Employment – Retirement Funds – ERISA – Investment Change – Health Insurance – Securities Fraud Claim (access required)

  Hall v. Tyco International Ltd. (Lawyers Weekly No. 10-03-0927, 10 pp.) (James A. Beaty, J.) M.D.N.C. Holding: Even if the court accepts plaintiff’s personal calculations as to how much money he lost in the 24 hours during which his ...

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