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Incorrect Statements During Claims Process Do Not Render ERISA Inapplicable
Lane Powell PC
Nov. 25, 2013
"During the claim process your claims administrator mistakenly tells the claimant that the ERISA-governed plan is NOT governed by ERISA. Uh oh. Do you lose ERISA as the governing law over the policy and claim? NO.... If the plan was originally governed by ERISA, 'employee statements or writings opining on legal determinations that are not binding admissions of an insurer ...do not determine the interpretation of an insurance contact.'" [Hill v. Lincoln National Life Insurance, No. C -13-00276 EDL (N. D. Cal. Oct. 30, 2013)]
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