Life, Health and Disability
 
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Circuits at Odds: A Year after Glenn—No Clear Path
Ronald Alberts, Jennifer Ghozland and Michelle Steinhardt
 
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Rescission in the Modern Age
Gary L. Howard 3/16/2016

Although the equitable remedy of rescission dates back to the common law of Great Britain, it remains an effective tool for insurers. I look forward to presenting the topic of Rescission in the Modern Age: Overlooked Tool or Obsolete Relic? at the upcoming annual DRI Life, Health, Disability and ERISA Seminar. view more

SUPREME COURT HOLDS ERISA PLAN TERMS OVERRIDE EQUITABLE DEFENSES
Mark Schmidtke 4/22/2013

On April 16, 2013, the U.S. Supreme Court issued its decision in US Airways, Inc. v. McCutchen (No. 11–1285), deciding the issue of whether equitable defenses, such as the principle of unjust enrichment, can override the reimbursement provision of a health benefits plan established under the Employee Retirement Income Security Act (ERISA). Specifically at issue in the case was §502(a)(3) of ERISA, which authorizes health-plan fiduciaries to bring a civil action to obtain appropriate equitable relief to enforce the terms of a plan. The Court held that such equitable defenses cannot override the clear terms of a plan. view more

DRI Life Health Disability & ERISA Seminar April 28-30 2010 (Chicago)
Daniel W. Gerber 12/29/2009

DRI’s Life Health, Disability and ERISA Claims Seminar returns to Chicago and offers practical guidance for claims and legal professionals. view more

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