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Ninth Circuit Holds That Trial Courts May Not Rely on Arguments Not Raised During the Claims Process

Collier v. Lincoln Life Assurance Co. of Bos., No. 21-55465, __ F.4th __, 2022 WL 17087828 (9th Cir. Nov. 21, 2022) (Before Circuit Judges Paez and Watford, and District Judge Richard D. Bennett)Kantor & Kantor received a victory on a notable decision in the Ninth Circuit that addressed what arguments ERISA plan administrators and judges […]

If Your Long-Term Care Insurance Policy Has Been Cancelled or Your Claim Denied, We Are Here to Help

What is Long-Term Care InsuranceLong-Term Care Insurance provides coverage for elderly or chronically ill individuals who are unable to perform daily activities such as dressing, bathing or eating, or who have cognitive deficits which require them to be supervised for their own safety. These policies are often purchased decades before such coverage will be utilized […]

Courts Are Right To Reject Insurer ERISA Attorney Fee Awards

Courts Are Right To Reject Insurer ERISA Attorney Fee AwardsBy Elizabeth Hopkins, Partner at Kantor & Kantor, LLPExpert Analysis – OpinionAs the U.S. Supreme Court has often recognized, the Employee Retirement Income Security Act is remedial legislation that is primarily intended to protect plan participants and beneficiaries, promote their interests and ensure that they receive the benefits they […]

Why ERISA Class Actions and Not Big Jury Trial Awards May Induce Payer Change on Proton Therapy

As we continue to learn about efforts to challenge proton therapy denials by groups such as the Proton Therapy Law Coalition, the fundamental question becomes: Will the insurers actually get the message and change their ways? A recent article suggests that even when a jury awards a large punitive damages figure against a health insurer, […]

Eating Disorder Patients Fight Twice the Battle: Their Illness & Their Insurance Carrier

The BattleA national struggle persists, and threatens the lives of roughly 11 million Americans. Eating disorders, the deadliest of all mental health illnesses, torment millions of people, and only one in ten get the treatment essential for recovery (Making Peace with Women’s Bodies).The Emily Program (one of the largest eating disorder treatment facilities in the […]