ICA News, the quarterly newsletter of the International Claims Association, published its Spring edition with two articles authored by Gordon & Rees attorneys.
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"Ninth Circuit Case Summaries of Recent ERISA Disability Benefit Decisions," the article authored by Tad Devlin and Lisa Garner, analyzes important ERISA decisions from the Ninth Circuit and its lower courts since the U.S. Supreme Court decided Metropolitan Life Ins. Co. v. Glenn, 128 S.Ct. 2343 (2008). Their article reviews the impact of Glenn on ERISA disability benefit litigation in terms of discovery, case proceedings, judicial review of claim decisions and other case issues.
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"Insurer Must Notify Insured of Contractual Time Limitation," the article authored by E.J. Kim, analyzes the California Court of Appeal decision in Superior Dispatch, Inc. v. Insurance Corporation of New York, which held that after a claim is made, insurers must notify first party claimants of any contractual limitation provisions and other policy provisions that may apply to the claim, even if the claimant is represented by counsel. Failure to do so may preclude the insurer from relying on the undisclosed provision.
Please click on the PDF link below to read the Spring 2010 ICA News.
About the International Claims Association: Since its founding in 1909, the International Claim Association (ICA) has been at the forefront of addressing a broad range of life, health and disability claim issues, including those relevant in the day-to-day operation of claim departments. The ICA provides a forum for information exchange and a program of education tailored to the needs of its member life and health insurance companies, reinsurers, managed care companies, TPAs, and Blue Cross and Blue Shield organizations worldwide. For more information about ICA, please click
here.