Reinsurance Law Blog

Reinsurance Law Blog

Category Archives: Disability Benefits

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ERISA expressly preempts law to regulate generic drug pricing; 8th Cir. – Iowa

Posted in Disability Benefits, New Case
Pharmaceutical Care Management v.  Nick Gerhart arose from a dispute over Iowa Code § 510B.8. Section 510B.8 regulated how pharmacy benefits managers (PBMs) established generic drug pricing and required drug pricing disclosures. Specifically, Subsection 1 require[d] PBMs provide information regarding pricing methodologies to Iowa’s insurance commissioner at the commissioner’s request; Subsection 2 limit[ed] the types… Continue Reading

Misrepresentations for disability insurance were not shown to have increased the risk of loss at the time of the loss — 8th Circuit, Wisconsin law

Posted in Contractual Liability, Disability Benefits, New Case
In Northwestern Mutual Life v. Weiher, Weiher got disability insurance from Northwestern, and promised he would cancel his disability insurance with Great-West. Weiher did not cancel his Great-West policy, and later, when he became disabled, Northwestern wanted to rescind its policy. Northwestern said it would not have issued the policy if it had known Weiher… Continue Reading

No bad faith where law is unsettled — Iowa workers compensation

Posted in Contractual Liability, Disability Benefits, Insurance Bad Faith, New Case
In Paulino v. Chartis, Paulino was injured at work, resulting in Paulino becoming a paraplegic.  As a result, Paulino needed certain living accommodations when he was discharged from rehabilitative services.  Since no specialized living accommodations were available, Paulino remained in the rehabilitative hospital, and Chartis quit paying.  The workers compensation court initially denied Paulino’s claim… Continue Reading

Post Office Health and Disability plan subject to ERISA

Posted in Contractual Liability, Disability Benefits, New Case
In Graham v. Hartford Life & Accident, the Tenth Circuit held that a health and disability plan provided to US postal employees was not a governmental plan – therefore it was subject to ERISA.  The plan was apparently offered through the National Rural Letter Carriers Association, the exclusive bargaining agent for rural letter carriers.  Since… Continue Reading

ERISA and long term disability benefits

Posted in Disability Benefits
ERISA and long term disability benefits In Meraou v. The Williams Companies, Case No. 06-5051, the Court was faced with the issue of whether an ERISA plan properly terminated long term disability (LTD) benefits.  The Plan provided that benefits could be terminated if the participant either ceased to be disabled, or failed to provide current… Continue Reading