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Eighth Circuit Holds Arkansas Law Banning Discretionary Clauses Does Not Apply to Disability Insurance Policy Renewed Prior to Law's Effective Date

"[T]he Eighth Circuit found that Ark. Code R. Section 054.00.101-4 ('Rule 101'), which prohibits discretionary clauses in insurance contracts issued or renewed on and after March 1, 2013, does not void the discretionary policy in this case. The policy was issued on January 1, 2011 and it lists a single renewal date of January 1, 2012." [Roebuck v. USAble Life, No. 19-1855 (8th Cir. Apr. 1, 2021)]

When Is a Late ERISA Disability Claim Still Timely?

"Courts increasingly recognize that: ... [1] The limitations period typically begins after the full benefit period ends -- not when the disability starts. [2] California law overrides less favorable policy terms.... [3] Courts examine when proof of loss was truly due, whether the claimant had notice of coverage, and if delays were reasonable."

District Court Partially Grants Discovery in ERISA Disability Case Against Hartford Life

"Key Takeaways ... [1] Courts may compel insurers to produce documents required under ERISA's own procedural rules.... [2] Plaintiffs must present evidence suggesting the insurer's conflict actually affected the claim decision.... [3] Plaintiffs who tie discovery requests directly to regulatory entitlements, rather than broad fairness concerns, are more likely to succeed." [Gannon v. Hartford Life and Accident Ins. Co., No. 24-1955 (D. Conn. Oct. 3, 2025)]

District Court Upholds Employer’s Denial of Long-Term Disability Benefits and Rejects Fiduciary Exception to Attorney-Client Privilege

"The court explained that once an employer's interests diverge from the claimant's -- such as after a denial when litigation is reasonably anticipated -- the fiduciary exception no longer applies. At that point, legal advice obtained by the plan administrator is for its own protection, not for the benefit of the plan participant. Because the disputed emails were created near the time of Kohler's final denial, after Pasha had obtained counsel, they were protected by the attorney-client privilege and properly withheld." [Pasha v. Kohler Co., No. 24-0836 (E.D. Wis. Oct. 7, 2025)]

District Court Finds ERISA Claim Preempted by the Railway Labor Act in Pilot's Long-Term Disability Case

"Federal courts normally have jurisdiction over ERISA claims ... However, the [Railway Labor Act] provides that disputes growing out of grievances or the 'interpretation or application' of CBAs ... must be resolved through arbitration before an SBA, not in court.... [T]he court found the LTD plan was 'inextricably intertwined' with the JCBA. While ERISA creates a right to bring claims for benefits, Eldredge's alleged right to LTD benefits existed only because the JCBA required the airline to provide the plan. Thus, the JCBA was the true source of the claim." [Eldredge v. Am. Airlines Inc., No. 25-0823 (D. Ariz. Sept. 4, 2025)]

Second Circuit Finds Employee Did Not Knowingly Waive ERISA Claim Against Insurer of Former Employer's Disability Plan

"[T]he Second Circuit ... [held] that a former employee's separation agreement with her employer did not amount to a knowing and voluntary waiver of her ERISA claim for long-term disability (LTD) benefits. The court emphasized that the employer's explicit pre-execution assurances that the agreement would not affect the LTD claim were dispositive, even though the contract contained broad release language that arguably covered related entities and ERISA claims." [Schuyler v. Sun Life Assurance Co. of Canada, No. 23-498 (2d Cir. Aug. 14, 2025)]

Eleventh Circuit Upholds Lina's Denial of Long-Term Disability Benefits Despite Social Security Award

"The court found no clear error in the district court's determination that LINA's medical and vocational evidence outweighed the claimant's proof of disability under [ERISA]." [Walker v. Life Ins. Co. of N. Amer., No. 24-13066 (11th Cir. Aug. 13, 2025)]

District Court Upholds Unum’s Termination of Disability Benefits Based on International Residency Clause

"The court found that the plan's language was unambiguous: a beneficiary is deemed to reside outside the U.S. or Canada if they spend six or more months abroad during any 12-month benefit period.... Despite her arguments about pandemic travel barriers, the court held that U.S. citizens like Archer were exempt from border restrictions and that her failure to return to the U.S. was not legally excused under an 'impossibility' theory." [Archer v. Unum Life Ins. Co. of Am., No. 23-1128 (W.D. Wash. Jul. 28, 2025)]

District Court Highlights Unum's Selective Review of Evidence in ERISA Disability Dispute

"Unum relied on the supposed absence of 'clinical findings' to justify termination ... [and] questioned the severity of her symptoms based on [surveillance footage of her] daily activities and a selective reading of her records. The court flatly rejected these rationales emphasizing that while the subjective nature of migraine and vestibular syndromes makes objective validation inherently difficult, it does not undermine their legitimacy as disabling conditions." [Jessica L. v. Unum Life Ins. Co. of Am., No. 24-2046 (N.D. Cal. June 24, 2025)]

District Court Denies Unum's Motion to Transfer Venue in ERISA Disability Case; Plaintiff's Choice of Forum Upheld

"Unum delayed pursuing the motion to transfer for seven months, waiting until one week before the close discovery and three weeks before the deadline for dispositive motions to file it. The impetus for doing so was the discovery of medical records outside the administrative record that favor Plaintiff's case. These extra-record documents are admissible in the 11th Circuit (Florida) but not in the 10th Circuit (Utah). The court found this legal difference was relevant in illuminating the parties' motivations." [Williams v. Unum Life Ins. Co. of Am., No. 24-24113 (S.D. Fla. June 5, 2025)]