PM Group Life Insurance Co. v. Western Growers Assurance Trust, 953 F.2d 543, 14 EBC 2233 (9th Cir. 1992)

Article Abstract:

The Ninth Circuit Court of Appeals has shown that ERISA preempts state insurance law providing for use of the "birthday rule" in the coordination of insurance benefits although birthday rule is federal common law. In the PM Group Life Insurance Co. versus Western Growers Assurance Trust case, the court adopted the birthday rule as the uniform federal coordination-of-benefits rule. The gender rule is currently being applied in only eight states due to its gender bias.

Laws, regulations and rules, United States. Court of Appeals for the 9th Circuit, Health insurance, PM Group Life Insurance Co., Western Growers Assurance Trust

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Holder v. Prudential Insurance Co., 951 F.2d 89, 14 EBC 2289 (5th Cir. 1992)

Article Abstract:

The Fifth Circuit Court of Appeals supported the district court's decision in the Holder v. Prudential Insurance Co case to deny coverage for "experimental" breast cancer chemotherapy no longer considered "experimental" since at the time of the treatment's implementation it was still a new process. Evidence from medical witnesses as well as Wanda Holder's signed consent to participate in an "experimental study" was considered by the court to be incremental.

Innovations, Chemotherapy, Holder, Wanda, United States. Court of Appeals for the 5th Circuit

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Definition of employee welfare benefit plan - disclosure requirements disability benefits - offset

Article Abstract:

The clarification given by the court of appeals on the definition of employee welfare benefit plan under the Employee Retirement Income Security Act (ERISA) in Feifer v. Prudential Insurance Company of America, 306F. 3d 1202 (2nd Cir. 2002) is discussed.

United States, Legal issues & crime, INSURANCE CARRIERS, Legal/Government Regulation, Company legal issue, Employee benefits, United States. Court of Appeals for the 2d Circuit

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