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Labor/Employment,
Civil Litigation,
9th U.S. Circuit Court of Appeals

Jan. 4, 2021

ERISA ruling expands protection for employees, beneficiaries

A recent case further expands protection for employees and their beneficiaries by expanding the circumstances their medical providers can sue insurers directly based on an assignment, even where the plan at issue contained an anti-assignment provision.

Robert J. McKennon

Shareholder
McKennon Law Group PC

20321 SW Birch St Ste 200
Newport Beach , CA 92660

Phone: (949) 387-9595

Fax: (949) 385-5165

Email: rm@mckennonlawgroup.com

USC Law School

Robert specializes in representing policyholders in life, health and disability insurance, insurance bad faith, ERISA and unfair business practices litigation. His firm's California Insurance Litigation Blog can be found at www.californiainsurancelitigation.com.

The Employee Retirement Income Security Act of 1974 governs most employer-sponsored benefit plans. ERISA establishes protections for employees in the administration of their employer-sponsored benefits, requiring that the administrator adhere to certain requirements when determining a plan participant's eligibility for benefits. Typically the ERISA plan's terms govern, although that is not always the case.

All too familiar to patien...

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