Barber, James vs. Unum Life Insurance Company of America
Year 2003
Court U.S. Court of Appeals, 3rd Circuit
Case Number 03-4363
Issue
  • ERISA
State
  • Pennsylvania

ERISA should not preempt state insurance laws.

Related Docs
Author UP's brief was written pro bono by Arnold R. Levinson of Pillsbury & Levinson, LLP. Of Counsel: Amy Bach. Esq.
Related Cases
Barber, James vs. Unum Life Insurance Company of America
Year: 2003
Court: U.S. Court of Appeals, 3rd Circuit
Case Number: 03-4363
Issue:
  • ERISA
State:
  • Pennsylvania

ERISA should not preempt state insurance laws.
Denmark vs. Liberty Life Assurance Company of Boston
Year: 2005
Court: Massachusetts District Court
Case Number: 05-2877
Issue:
  • ERISA
  • Objective evidence of disability
State:
  • Massachusetts

Anti-consumer and anti-policyholder affects of denying coverage in disability cases involving both a disease that is difficult to document objectively and an overwhelming amount of medical evidence that favors a finding of complete disability. Long term care insurance companies are sometimes permitted too much discretion…
Gilbert, Bill vs. Alta Health & Life Insurance and Great-West Life & Annuity Insurance
Year: 2001
Court: U.S. Court of Appeals, 11th Circuit
Case Number: 01-10829-GG
Issue:
  • ERISA
State:
  • Alabama

Scope of ERISA preemption after Unum Life Insurance v. Ward. United Policyholders argued that remedial state statutes regulate insurance and should not be pre-empted by ERISA.
Glanton (Alcoa) and Mackner vs. AdvancePCS Health, LP
Year: 2003
Court: U.S. Court of Appeals, 9th Circuit
Case Number: 04-15328
Issue:
  • ERISA
State:
  • Arizona

Participants and Beneficiaries suing on behalf of an ERISA plan under 502(a) (2) should be able to seek money from the plan in the same manner as a fiduciary. Petition for rehearing.