Black McCuskey Wins ERISA Case Against National Insurer
(August 2009) - The Employee Retirement Income Security Act (called "ERISA") is a complex federal law governing certain employee benefit plans for life insurance, medical insurance and pensions. Employee insurance plans governed by ERISA are often administered by insurance companies who determine eligibility for the same benefits that they are obligated to fund. This conflict of interest creates an incentive for such companies to limit or deny benefits.
In a recent case handled by attorneys Tom Connors and Jim Wherley, a national life insurance company denied a widower substantial life insurance benefits, on the grounds that his spouse had misrepresented her condition in her insurance application. The case ultimately went to the federal court of appeals, which reversed precedent and required proof that the misrepresentation was intentional. The court concluded that there was no intentional misrepresentation and required the life insurance company to pay the widower the insurance benefits and his attorney fees.
The procedural steps for challenging denials of benefits can require careful action even at the early stages of such matters. For more information, Tom Connors () or Jim Wherley () can be reached at (330) 456-8341.
