Brief Bank
Victories
N.D. Ill. ERISA: Plaintiff failed to provide neurocognitive disability; summary judgment for ERISA administrator (Opinion 1/13/2023)
E.D. Ky.: Plaintiff failed to prove disability from any occupation, denial of SSDI benefits undercut Plaintiff's claim. Judgement for Insurer (Opinion 7/12/2022)
E.D. Wis.: Insurer reasonably terminated ERISA disability benefits after Plaintiff became entrepreneur and traveled to Peru (Opinion 06/27/2022)
S.D. Ohio: Plaintiff failed to satisfy burden of proving disability under ERISA de novo standard. Treating physician's opinion inconsistent with his own exam findings (Opinion 5/27/2022 adopt Rpt Recom)
N.D. Ill.: Case dismissed with prejudice on Insurer's motion to dismiss. Policy lapsed, Plaintiff failed to reinstate, and acceptance of premiums not operate to reinstate the Policy (Order 4/27/2022)
7th Circuit: Judgment for Insurer; district court's judgment for Plaintiff, an accountant, reversed. Insurer reasonably interpreted Plan and calculated benefits (Opinion 04/11/2022)
E.D. Wis.: Administrator reasonably relied on consulting physician reports, no evidence of a conflict of interest. Judgment for Defendant (Opinion 04/04/2022)
W.D. Wis. ERISA: Plaintiff failed to prove herniated disc by objective medical tests. Judgment for ERISA Insurer (Opinion 12/27/2021)
6th Circuit: Judgment by E.D. Ky. for Insurer affirmed on ERISA benefit claim subject to de novo standard (Opinion 12/13/2021)
N.D. Ill. ERISA: Summary judgment for Defendant on remand from 7th Circuit. Plaintiff failed to submit objective evidence of radiculopathy (Opinion 12/6/2021)
7th Circuit: Judgement for Insurer on ERISA benefits claim affirmed. Plaintiff failed to satisfy burden of proving disability and waived arguments (Opinion 11/3/2021)
7th Circuit: Uphold summary judgment for Insurer under Alabama law. Plaintiff failed to fulfill Policy's Proof of Loss requirement. Failure to submit Proof of Loss does not render the case unripe or premature. (Opinion 8/30/2021)
Pension bankruptcy N.D. Ill. - Judgment for Insurer: Trustee cannot elect alternative pension option after pension payments commenced in IRC 409A Plan (Opinion 3/2/2021)
Defendant reasonably determined employee failed to submit proof of disability for continued life coverage (Opinion 3/1/2021)
E.D. Wis. ERISA AD&D - Defendant reasonably determined employee's death while scuba diving in Mexico was not an accidental death; death was caused or contributed to by diabetes (Opinion 8/3/2020)
S.D. Indiana IDI Policy - Plaintiff failed to satisfy the Policy's condition precedent of submitting Proof of Loss; Summary judgment for Insurer (Opinion 7/6/2020)
7th Circuit ERISA de novo - Plaintiff failed to satisfy her burden of submitting vocational evidence that she cannot perform "any occupation," and waived her partial disability claim; Judgment affirmed for Defendant (Opinion 2/3/2020)
C.D. Ill. ERISA - Defendant reasonably determined Plaintiff not physically or cognitively disabled based on IME; Plaintiff's arguments "mischaracterize" the record (Opinion 3/25/2020)
Kentucky state law does not ban discretionary authority; arbitrary and capricious standard applies (Opinion 12/3/2019)
Ohio ERISA (S.D. Ohio) - Defendant reasonably relied on social media evidence and consulting physicians to determine Plaintiff's disability claim lacked objective medical support (Opinion 11/15/2019)
North Dakota ERISA - Objective evidence not support Plaintiff's claim of cognitive deficits; judgment for Defendant (Opinion 9/30/2019)
7th Circuit ERISA: Plaintiff's disability claim time-barred, no evidence to support equitable tolling, and Plaintiff failed to plead a plausible RICO claim (Opinion 6/7/2019)
West Virginia ERISA (S.D. W.Va.) - Defendant reasonably determined plaintiff, a lawyer, was not totally or partially disabled; judgment for defendant (Opinion 6/26/2019)
7th Circuit Victory - Death from auto-erotic asphyxiation is excluded as self-inflicted injury. 7th Circuit reverses district court and rejects 2nd and 9th Circuits' contrary rationale (Opinion 4/29/2019)
Alabama negligent procurement claim dismissed (S.D.Ind.): Plaintiff's contributory negligence in failing to read policy barred claim (Opinion 3/28/2019)
W. Virginia ERISA Victory (S.D. W.Va.): No disability benefits for injury occurring after coverage ended. Judgment for Defendant (Opinion 3/27/2019)
ERISA disability Victory (S.D.Ind.): Treating physician opinions exaggerated and inconsistent, summary judgment for Defendant (Opinion 3/25/2019)
ERISA de novo Victory (S.D. Ohio): Court finds Plaintiff's FCE unreliable and insurer's consulting physicians persuasive (Opinion 7/9/2018)
7th Circuit Victory: Company president failed to prove total disability based on inability to perform only 1 of 4 important duties (Opinion 6/21/2018)
ERISA disability (S.D. Ill.): Plaintiff failed to satisfy her burden of identifying the material duties she claimed to be unable to perform, Judgment for Insurer (Opinion 4/27/2018)
ERISA & RICO Victory (N.D.Ill.): Plaintiff's claims preempted by ERISA, racketeering claim dismissed, judgment for Insurer and Employer (Opinion 5/3/2018)
Kentucky Victory (W.D.Ky.): Summary judgment for disability insurer on breach of contract and bad faith claims (Opinion 3/30/2018)
Consumer fraud dismissed (N.D.Ill.): Denial of disability benefits does not constitute consumer fraud (Opinion 3/30/2018)
W. Virginia ERISA Victory (S.D. W.Va.): Termination of benefits reasonable where plaintiff's condition improved; no conflict of interest (Opinion 3/28/2018)
Michigan ERISA Victory (W.D.Mich.): de novo judgment for insurer - plaintiff/physician lacks physician care, no evidence of disability (Opinion 2/26/2018)
ERISA Victory (N.D.Ill.): Judgment for administrator after 7th Cir. vacates prior district court judgment - No coverage while not actively at work (Opinion 1/25/18)
9th Circuit Victory: Limitation for mental disorders does not violate California anti-discrimination law (Opinion 12/18/2017)
ERISA Victory (W.D. Ky.) - Plaintiff's "work earnings" preclude satisfaction of Disability definition. Judgment for Insurer (Opinion 10/11/2017)
ERISA Victory (C.D. Ill.) - Failure to give timely Proof of Loss bars Plaintiff's claim. Summary Judgment for Insurer (Opinion 9/28/2017)
ERISA Victory (N.D. Ill.) - Disability falls within Plan's neuromusculoskeletal limitation, summary judgment for Insurer (Opinion 9/20/2017)
Disability Victory (N.D.Ill.) - Summary judgment for Insurer: Inability to perform non-material duties not satisfy definition of Disability (Opinion 9/14/2017)
No double life coverage (N.D.Ill.) - Judgment on pleadings, Plaintiff barred from seeking ported coverage benefits because insured remained a participant in ERISA Plan (Opinion 8/31/2017)
West Virginia "bad faith" Victory (S.D.W.Va.) - ERISA preempts consumer fraud & bad faith claims (Opinion 8/16/2017)
ERISA Victory (Dist. Oregon) - Summary judgment dismissing Plaintiff's breach of fiduciary duty & "surcharge" claims (Opinion 8/3/2017)
ERISA Life Victory (N.D.Ill.) - Insurer not liable for forged claim when lacked notice of forgery (Opinion 6/21/2017)
ERISA fiduciary exception to privilege not apply. Administrator's privileged documents irrelevant to Court's de novo review. Court denies Plaintiff's motion to compel (Order 1/13/2017)
Michigan Victory (W.D.Mich. 12/1/2016) - Plaintiff's ERISA claim time-barred. Judgment on motion to dismiss for SVS client Northwestern Mutual. (Opinion)
6th Circuit ERISA Victory - IME not required when issue is whether disability occurred before coverage ended. Administrator's decision upheld. (Opinion 10/4/2016)
Bad faith time-barred (E.D. Tenn.) - Claim accrued when benefits denied, no tolling during appeal (Opinion 9/7/2016)
7th Circuit Victory (ERISA de novo): Active Work not ambiguous. Inability to perform one material duty not satisfy Disability definition (Opinion 7/27/2016).
3d Cir. ERISA Victory - Plaintiff-Surgeon failed to prove disability with contemporaneous medical evidence during 180-day Benefit Waiting Period. Judgment for Insurer Aff'd (Opinion 5/10/2016)
Bad Faith time barred (N.D. W.Va.) - Ongoing claim review does not toll or estop insurer from enforcing statute of limitation for bad faith under West Virginia law (Opinion 5/5/2016)
Trial Victory (N.D. Ill.) - SVS obtains trial verdict in IDI case for lifetime benefits. Plaintiff not disabled from floor trading. (2/17/2016)
ERISA Disability (S.D. Ohio) - Plaintiff failed to submit proof that disabled due to multiple sclerosis. Mere diagnosis not enough. (Opinion 1/26/2016)
ERISA Disability (S.D. Cal.) - SVS obtains summary judgment for Countrywide Plan. Plaintiff's condition falls within Plan's limitation for Mental Disorders (Opinion 1/13/2016).
ERISA Disability (N.D. Ohio) - SVS obtains judgment for ERISA fiduciary, conflict of interest irrelevant (Opinion 12/10/2015).
Important STOLI Victory - 7th Circuit upholds judgment for SVS client. Policies void as illegal wagers on human life (7th Cir. Opinion 10/20/2015).
3rd Circuit Victory - Judgement upheld for SVS clients including award of attorneys' fees. Plaintiffs' 20+ count complaint asserting contract and tort claims are prohibited by a settlement agreement (Opinion 10/1/2015)
ERISA AD&D (W.D. Wis.): Minnesota statute not prohibit discretion. No AD&D benefits for Loss from driving ATV while intoxicated (Opinion 9/15/2015)
Contractual Time Limit Enforced (N.D. Ill.) - Plaintiff's disability claim time barred, Plaintiff not "legally incapacitated" for tolling purposes (Opinion 8/25/2015)
ERISA Victory (S.D. W. Va.) - Administrator's decision to deny Any Occupation disability claim was reasonable and unbiased (Opinion 8/25/2015)
ERISA Victory (E.D. Pa.) - Reasonable to deny claim based on lack of contemporaneous medical evidence (Opinion 4/30/2015)
Stranger Originated Life Insurance - SVS obtains Judgment for client Ohio National exceeding $860,000 against STOLI conspirators, including attorneys' fees (Opinion, N.D. Ill. 10/21/2014)
ERISA Victory - Ohio Federal Court - Judgment for SVS Client under deferential judicial review, SSA file outside the administrative record (N.D. Ohio 7/30/2014)
ERISA AD&D Victory -- Warsaw Convention cases are "instructive" - No Benefits for Death from Embolism sustained in Air Travel (Opinion N.D. Ill. 5/19/2014)
ERISA Victory -- Plan Requirement for Objective Evidence Enforced & Not Satisfied by Plaintiff, Judgment for SVS Client -- de novo review (Opinion, N.D. Ill. 5/2/14)
No Disgorgement -- Rochow-like 502(a)(3) claim dismissed on pleadings based on Varity Corp. (Opinion, N.D. Ill. 4/30/14)
ERISA Victory -- Insurer not required to seek IME & prove Plaintiff's disability case for her. Judgment for SVS client (S.D.Ill. Mar 31, 2014)
Stranger Originated Life Insurance -- Summary judgment for SVS Client against insurance agent for fraud, civil conspiracy, & breach of contract + Policy void ab initio (Opinion, N.D. Ill. Feb. 7, 2014)
Colorado Court of Appeals--Upholds Class Action Victory for SVS Client as Insurer and Administrator of Government Plan (Opinion Nov 21, 2013)
Michigan ERISA Victory - SVS obtains judgment for Lincoln National on disability claim - fibromyalgia a limited condition (Opinion E.D.Mich. Oct 28, 2013)
California Class Action Victory -- ERISA Plan's mental disorders limitation not discriminatory, SVS obtains dismissal of class action claims (Opinion S.D.Cal. July 17, 2013)
Sixth Circuit Victory -- Judgment for SVS client Standard Insurance Affirmed on Appeal, ERISA Discretionary Clause enforceable (6th Cir. June 28 2013)
New Jersey Victory -- SVS obtains judgment for Standard Insurance and Minnesota Life, winning dismisal of 21-count Complaint. Contract and tort claims legally barred. (D.N.J. Mar 25, 2013)
New Jersey Victory -- SVS obtains judgment for Northwestern Mutual, dismissing claims for indemnification and negligence (Oct 12, 2012)
Michigan Victory | ERISA de novo -- No AD&D Benefits for Jet Ski Accident where Medical Conditions contributed to Death (Opinion Sept 18, 2012)
Tennessee Victory -- SVS obtains summary judgment for group insurer of state county. Benefits properly terminated because Disability was caused by arthritis or medical treatment of arthritis. (Order June 28, 2012)
California Victory -- Federal Court adopts SVS arguments: California Anti-Discrimination Statute does Not mandate equal benefits for all disabilities. Case dismissed with prejudice at pleading stage. (Opinion June 12, 2012)
ERISA De Novo Victory - Federal Court enters judgment for SVS client. Plaintiff failed to prove by preponderance of the evidence she was disabled. Social Security award was "zero" objective evidence of disability. (Opinion June 7, 2012)
Illinois Victory -- Federal Court enters judgment for ERISA Plan. Reliance on consulting physicians reasonable, "ample and persuasive" reasons to deny LTD claim. Not a "close case" in which a conflict alters the outcome. (Opinion Mar 30, 2012)
Michigan Victory -- SVS obtains judgment for Plan insurer under ERISA - Plaintiff able to work with reasonable accommodations. (Opinion Feb 9, 2012)
Tennessee Victory -- Federal Court grants judgment for SVS client. Contractual limitations bars plaintiff's group disability claim. (Opinion Jan 31, 2012)
Colorado Class Action Victory -- SVS obtains summary judgment dismissing class action claims by public employees to reform group disability policy. (Opinion Jan 4, 2012)
Michigan Victory -- SVS obtains judgment for Lincoln National in ERISA disability case. Plaintiff not disabled from "any occupation." (Opinion Sept. 8, 2011)
North Carolina Victory -- Federal court applying Virginia law grants summary judgment to SVS client on Total Disability, Residual Disability, and Bad Faith claims, based on lack of Physician's Care. (Opinion Aug 26, 2011)
Michigan Victory -- SVS obtains judgment for insurer under ERISA de novo standard. Disability was contributed to by Substance Abuse. (Opinion Aug 17, 2011)
West Virginia Victory -- SVS obtains dismissal of claims based on ERISA preemption. (Aug 8, 2011)
Federal Court refuses to remand after co-defendant retracts consent to removal. Allowing remand would encourage judge shopping. (Opinion Aug 1, 2011)
Federal Court denies Plaintiff's request for ERISA discovery under de novo standard. Conflict of interest is irrelevant. (Opinion July 8, 2011)
Victory for Insurance Industry: Federal Court adopts SVS's analysis - valid STOLI scheme alleged & incontestability does not apply to "wagering contracts" (Opinion July 6, 2011)
SVS wins summary judgment dismissing claim that insurer acted in "bad faith." (Opinion June 22, 2011)
Federal court adopts SVS's argument, holding that Illinois' ban on discretion is not retroactive. Court finds the Insurance Director's position that the ban applies to all in-force policies "does not have the force of law." (Opinion Mar 25, 2011)
SVS obtains judgment for major financial services company, achieving dismissal with prejudice of annuity fraud and conversion claims. (March 10, 2011)
Class Action Victory: SVS obtains summary judgment defeating class action claims for post mortem interest on life insurance policies for clients MetLife and New England Mutual (Opinion Feb 14, 2011)
Ohio Victory -- Federal Court grants judgment to SVS client at pleading stage in Accidental Death Benefit case. (Opinion Jan 11, 2011)
Indiana Victory -- SVS defeats Bank's claim to impose a lien on ERISA benefits. (Opinion Nov 29, 2010)
Wisconsin federal court: SVS obtains Judgment defeating Plaintiff's ERISA disability claim based on subjective pain complaints (Opinion Nov 24, 2010)
Wisconsin Victory: ERISA claim time barred by the Plan's limitations period - Wisconsin Federal Court (Opinion 11/19/10)
Illinois Federal Court -- Judgment for SVS client. Plaintiff time-barred from recovering on juvenile endowment policy that matured over 40 years ago (Opinion Sept 2, 2010)
SVS defeats another request for ERISA conflict discovery (Opinion 5/17/10)
SVS defeats request for ERISA conflict discovery (Opinion 12/8/09)
SVS wins summary judgment on Plaintiffs disability claim based on HIV status (Opinion 12/16/09)
Federal Appellate Victory -- 6th Circuit upholds judgment for SVS client in ERISA case against physician's disability claim (Opinion 10/29/09)
SVS obtains Judgment defeating $1 Million life insurance claim based on suicide exclusion (Opinion 10/29/09)
SVS obtains summary judgment for United of Omaha against Plaintiff's claim to include stock and stock options in calculating benefits (Opinion 9/30/09)
Federal Appellate Victory -- 7th Circuit Affirms Judgment for ERISA Plan against disability claim by Wisconsin politician and celebrity (Opinion 9/18/09)
Tennessee Victory -- Federal Court dismisses claims against ERISA Plan Administrator (Opinion 5/13/09)
Future Disability Benefits claim Preempted by Illinois Insurance Code (Opinion 4/20/09)
SVS defeats ERISA Per Diem Penalty claim in Michigan Federal Court (Opinion 9/29/08)
SVS obtains summary judgment for ERISA Plan - conflict of interest has no impact (Opinion 6/30/08)
Federal Appellate Victory -- 7th Circuit: SVS recovers Overpaid Plan Benefits and defeats ERISA disability claim by surgeon (Opinion 6/26/08)
Judgment For ERISA Plan Under De Novo Review - Surveillance evidence persuasive, Social Security Decision shallow (Opinion 5/31/08)
Federal Appellate Victory -- 7th Circuit Rejects Lifetime Benefits Claim: Knee arthritis caused by a sports injury is a Sickness and not an Injury (Opinion 2/25/08)
Oregon Victory -- Federal Court thwarts improper forum shopping by ERISA plaintiff (Opinion 1/3/08)
SVS defeats ERISA discovery request (Opinion 6/8/07)
SVS achieves dismissal of RICO Claim based on ERISA violations (Opinion 4/30/07)
Judgment for ERISA Plan: Law firm associate not disabled from post-traumatic stress of working at his law firm (Opinion 3/20/07)
SVS wins judgment under de novo review - ERISA benefits properly calculated, estoppel claim defeated (Opinion 1/24/07)
SVS obtains Judgment For ERISA Plan based on Pre-Existing Condition (Opinion 10/18/06)
SVS achieves judgment for another SVS Client on an ERISA disability claim (Opinion 7/7/06)
SVS wins summary judgment for an ERISA Plan on a disability claim (Opinion 6/15/06)
Federal Appellate Victory -- 7th Circuit Endorses Use Of In-House Physicians/Paper Reviews: Davis v. Unum Life Ins. Co. of America, 444 F.3d 569 (7th Cir. 2006)
Federal Appellate Victory -- 7th Circuit: State law claims preempted self employed pit trader is an ERISA beneficiary; treating physician is not credible Shyman v. Unum Life Ins. Co. of America, 427 F.3d 452 (7th Cir. 2005)
Federal Appellate Victory -- 7th Circuit: No Obligation To Provide Post-Dated Coverage; Policy Exclusion Not Ambiguous; Summary Judgment Upheld for SVS client Paul Revere Jacobs v. Paul Revere Life Ins. Co., 432 F.3d 703 (7th Cir. 2005)
Federal Appellate Victory -- 7th Circuit Finds No Breach Of Fiduciary Duty by SVS Client: Judgment Affirmed on breach of fiduciary duty, equitable estoppel and unjust enrichment claims Brosted v. Unum Life Ins. Co. of Am., 421 F.3d 459 (7th Cir. 2005)