From the perspective of plan sponsors and fiduciaries, the main advantage of mandatory arbitration is that it has been perceived as a way of avoiding the potentially large recoveries available to plaintiffs in class action lawsuits. But in the Employee Retirement Income Security Act of 1974 context, accomplishing this through arbitration provisions may not be […]
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 […]
Have you ever taken a minute to check on the funds offered in your employer’s 401(k) plan, or the administrative fees paid to outside vendors to manage it? If not, you should; hundreds of lawsuits have been filed against all types of companies by their employees alleging that their company’s 401(k) plan charges excessive administrative […]
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 […]
What is the Difference Between ERISA and Insurance Bad Faith Litigation?Many people find themselves needing to bring suit against an insurance company. But not all lawsuits against insurers are governed by the same laws. If you obtained benefits through your employer and experience a wrongful denial of those benefits, you can bring suit to obtain the […]
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 Do I Have to File a Lawsuit?When an ERISA long-term disability appeal gets denied, the next step is, potentially, to file a lawsuit in federal district court. Some clients already know that they would like to settle their case and ask, why can’t we just negotiate a lump sum settlement with the insurance carrier? […]
Kantor & Kantor asks to file a class action against Primerica Life Insurance Company for its failure to provide insureds with the right to designate a third party to receive notice of lapse Are there ways to prevent a life insurance policy from lapsing? Sometimes the answer is yes. However, often it requires particular knowledge […]
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, […]
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 […]
