News & Resources

Fifth Circuit Court Reverses the Denial of Accidental Death Insurance Benefits in a West Nile Virus Case

April 30, 2018 Posted in Blog

On March 22, 2018, the Fifth Circuit Court of Appeals — in Wells v. Minnesota Life Insurance Co., where the defendant-insurer denied accidental death coverage to the plaintiff under her husband’s...

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Fifth Circuit Court Overrules the Abuse of Discretion Standard in ERISA Denial of Benefits Cases

March 23, 2018 Posted in Blog

On March 1, 2018, the en banc Fifth Circuit Court of Appeals — in Ariana M. v. Humana, an ERISA health benefits case where the plan administrator denied benefits — ruled in favor of our plan...

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What Constitutes Material Breach in Texas?

February 28, 2018 Posted in Blog

Determining whether a contract has been breached is fundamental to business disputes in Texas and elsewhere.  Oftentimes, breach of contract is not intended by either party.  In fact, the contract...

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The Enforceability of Texas Non-Compete Agreements

February 21, 2018 Posted in Blog

In most states, covenants not to compete are legal, but are limited in effect so as to prevent unreasonable abuse of such restrictions.  Similarly, in the state of Texas, the legislature enacted the...

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Insurers Use Social Media to Investigate Disabled Claimants

January 26, 2018 Posted in Blog

Disability insurers — both long-term and short-term — now regularly investigate the social media profiles (i.e., Facebook, Instagram, Twitter, etc.) of their policyholder-claimants to determine...

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Health Insurance Claim Denials: Aetna Doesn’t Review Med Records

January 12, 2018 Posted in Blog

Recently, in a California insurance lawsuit involving the wrongful denial of health insurance benefits to a 19-year old claimant suffering from a rare immune-system disorder, a former medical director...

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Ariana M v. Humana — Fifth Circuit Reconsiders ERISA Abuse of Discretion Standard

December 29, 2017 Posted in Blog

On September 19, 2017, the en banc (full) Fifth Circuit Court of Appeals — in a health benefits case in which the Plan Administrator denied benefits to a plan participant — held oral argument...

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