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Fifth Circuit: Terms of SPD Trumped Employer's Errors
The Wagner Law GroupLink to more items from this source
Nov. 11, 2021

"The spouse contended that the plan misrepresented the status of her husband's supplemental life insurance coverage with its statements and by continuing to deduct premiums from his paycheck.... The Court ruled that their reliance was not reasonable.... The Court then said the insurer's Summary of Benefits, provided by the insurer to the employee, is the governing document. It states, 'in no uncertain terms', that '[e]vidence of insurability is required for any amount of life insurance.' Therefore, the employee was on notice that 'coverage was contingent on the insurer's approval of the Evidence of Insurability form for supplemental life insurance.' " [Talasek v. National Oilwell Varco, L.P., No. 20-20069 (5th Cir. Oct. 19, 2021)]

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