It’s interesting. Blog posts have “legs” (you should get the intentional pun in a minute) for all sorts of reasons, and it can be hard to figure out why in any particular case. With regard to my eighth most popular blog post of 2024, it might have been the great picture of horses
Continuing with my countdown of my top ten most read blog posts of 2024 – as chosen by you, the reader! – leads me today to one of my favorite topics, namely the increasing targeting of small (relatively speaking) ERISA plans by class action firms bringing suits alleging that the plans were too expensive. In
When I was growing up back in the seventies, one of the highlights of the end of the year was that the rock stations would all compile lists of the top songs of the year, and then play them all in one long countdown – often without any ads! There was no Spotify yet, or
Like many lawyers with expertise in insurance coverage, I was immediately contacted after the pandemic hit by business owners – often restaurant and bar owners – about seeking business interruption coverage under their insurance policies. My usual conclusion was that you could at least submit a claim and see what happens, but that, unless you
So two stories today give me a soapbox to address one aspect of ERISA class action litigation and the push back from plan sponsors and their fiduciary liability insurers against the costs imposed on them by this line of litigation. One story, which to protect the innocent I won’t otherwise identify, involves court approval of
It’s interesting. I have been at DRI’s 2024 Insurance Coverage and Practice Symposium all day, and much of the discussion is either directly about or tangentially related to the impact of artificial intelligence on insurance. To me, the consistent theme that underlies all of the discussion is the ability of AI tools to improve the
This is a great, and I think pretty even handed, article by Bloomberg on litigating LTD claims under ERISA. Although the headline and the central thrust of the article are about obtaining LTD benefits for claims of long Covid, the article really does a nice job of explaining the entire LTD claim process and the
There’s an old New Yorker cartoon that shows a grandfatherly man talking to a younger man in a library, and he says to him that “Those who don’t study history are doomed to repeat it [while] those who do study history are doomed to stand by helplessly while everyone else repeats it.” Am I the
In the first of my two posts in this series discussing lessons I have learned over the past thirty years of practice as to how to avoid incurring Chapter 93A liability as a result of claims handling or settlement decisions, I discussed the centrality of the factual record of the claims handling and the necessity
In my last post on the lessons that I have learned in 30 years of representing insurers in Chapter 93A cases, I discussed the crucial – almost outcome determinative – role in such a case against an insurer of the actual facts of the underlying claim and the manner in which the claim was