Archive for the ‘Preemption’ Category

The End of Discretionary Authority in Montana?

Standard Ins. Co. v. Morrison, 537 F. Supp. 2d 1142 (D. Mont. 2008). A ruling by District Court Judge Donald Molloy may signal the end of discretionary authority for ERISA plans in Montana.  Standard Insurance Company brought suit against John Morrison, the Insurance Commissioner for the State of Montana.  Morrison had implemented a state-wide policy […]

ERISA Preempts State Law Requiring That Insurer Reimburse Claimant for Copying Costs

Sgro v. Danone Waters of North America, Inc., 532 F.3d 940 (9th Cir. 2008). A participant in an ERISA plan sued his employer (as plan administrator) and MetLife seeking unpaid disability benefits, reimbursement of copying costs and statutory penalties for failure to respond to a document request. The claim for copying costs was based on […]

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