New York Law Journal Publishes ERISA Article Written by Evan Schwartz and Michail Hack

Two attorneys of the firm wrote an article concerning a critically important decision by the U.S. Supreme Court regarding how ERISA cases should be handled in the federal courts.  The New York Law Journal published the article, which is part of a series of ERISA articles published in the Journal by Quadrino Schwartz.

In the article, Mr. Schwartz and Mr. Hack detailed the troubled history regarding ERISA court decisions addressing the conflict of interest that insurance companies have when they administer and decide group disability claims.  The U.S. Supreme Court reviewed the issue in Metlife v. Glenn, a decision released in July 2008, in which the Court ruled that the conflict is assumed to exist and that judges must take the conflict into account when deciding disability cases.  The Court also ruled that a court must consider the insurance company's history of bias and whether their financial personnel were in communication with claims personnel regarding the insurance company's profits or savings concerning claims decisions.

The decision in Glenn is already having an impact upon ERISA cases pending in the federal Courts and Quadrino Schwartz is leading the way in breaking new ground in this area of the law.

 

Quadrino Schwartz is the premier disability insurance law firm in the United States. To see how we can help you, contact us.