The problem of companies reneging on promises to provide medical and other benefits to retirees is in the news pretty much every week, if not every day. Company after company, retirement plan after retirement plan, benefits that beneficiaries believed were theirs for life are being significantly reduced, or even terminated. In some industries, most prominently
Hurricane Katrina Coverage Litigation
Call it professional jealousy that someone else has such an interesting case to try, call it the same urge to look that slows up traffic when there is an accident over by the side of a road, call it simply a professional interest in a fascinating insurance coverage dispute, but I am fascinated by the
Arbitrary and Capricious Standard of Review
I mentioned West Legalworks’ upcoming ERISA Litigation Conference in a recent post. Of interest – to me anyway, and I think to anyone who litigates denial of benefit claims – is that in the marketing materials for the conference, the organizers note “shifting standards of review” on benefit denials as an important subject.
To
Insurance Coverage Counsel and the Repeat Player
I often mention in seminars and meetings a point that I call “the insurance company and the repeat player.” In doing so, my intent is to emphasize to insureds and their usual counsel the importance of retaining experienced insurance coverage lawyers to represent them when issues arise involving insurance coverage and insurance policies, whether they
19th Annual ERISA Litigation Conference
West Legalworks has announced the time, place, faculty and subject matter for its annual ERISA Litigation Conference, the 19th ANNUAL ERISA LITIGATION CONFERENCE: The Nation’s Leading Forum on How Current Rulings Affect Claims, Plan Design and Operations.
For those of us who litigate cases governed by ERISA and who like this stuff, this one looks
New York Bad Faith Law
Sometimes it is fun to see what other states do. Here in Massachusetts, insurer bad faith claims are for all intents and purposes a product of statute, and the statute authorizes multiple damages and awards of attorney’s fees to a prevailing plaintiff. Hence, there is a significant amount of bad faith litigation in this jurisdiction.
Contact Us
Stephen Rosenberg, Esq.
The Wagner Law Group
99 Summer Street, 13th Floor
Boston, MA 02110
Phone: 617-357-5200
Fax: 617-357-5250
email: srosenberg@wagnerlawgroup.com
www.wagnerlawgroup.com/
About Stephen Rosenberg
Stephen Rosenberg attended American University and graduated with a Bachelor of Science in Political Science in 1986. He subsequently received his law degree from the Boston University School of Law in 1990. While in law school, Mr. Rosenberg received the American Jurisprudence Award in Criminal Law, and was recognized as a G. Joseph Tauro Distinguished
About This Blog
The Boston ERISA and Insurance Litigation Blog is intended to provide you, the reader, with timely and useful information concerning current legal developments in two of my litigation specialties – and favorite topics – ERISA and insurance coverage. This blog will generally look first at and cite to the law of the First Circuit and
401(k)s and ERISA
A terrific paper on the application of ERISA and its fiduciary duty standards to 401(k) plans and to the people who run them is available free right now from the ABA. As employee benefit plans, these retirement plans are within ERISA’s ambit and the companies and individuals who operate them are subject to the fiduciary