ERISA

:: Health Care Reform – Another Tort “Reform” Opportunity For The Insurance Lobby

As health care “reform” proposals float in the air like leaves in an autumn breeze, it is interesting to see how “tort reform” finds new forms of expression from even the somewhat left-leaning Huffington Post. See this article: http://www.huffingtonpost.com/john-r…_b_229812.html They voice concern about limiting patients’ right to sue, but they at the same time state: We …

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:: Eleventh Circuit Affirms Benefit Denial Under “Multi-Step” Analysis

This court uses a multi-step analysis to guide these reviews of Administrator decisions and the various standards of review. HCA Health Services of Georgia, Inc. v. Employers Health Ins. Co., 240 F.3d 982, 993-95 (11th Cir. 2001). The analysis involves six steps: (1) Apply the de novo standard to determine whether the claim administrator’s benefits-denial …

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