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Fifth Circuit Rules for ERISA Claimant Where Disability Claim Straddles Two Insurance Companies That Both Deny Coverage
Roberts Disability LawLink to more items from this source
July 1, 2021

"What happens when an employee becomes disabled during a period when his employer switches long-term disability carriers and both carriers disclaim coverage? ... MetLife argued that Talamantes' benefits never became payable under its policy and his merely becoming eligible for coverage did not relieve Standard of its obligation to cover the claim. The court disagreed, finding that this interpretation is dependent on the merits of the disability claim and a claimant would be 'in the dark' about whether he had coverage until he litigated his disability claim." [Talamantes v. Metropolitan Life Ins. Co., No. 20-50953 (5th Cir. Jun. 29, 2021)]

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