Insurer, Amicus Say ERISA Plaintiffs, Judge Missed Key Causation Requirements

Mealey's (April 12, 2021, 10:57 AM EDT) -- SAN FRANCISCO — A federal judge’s narrow focus on certain plan language and process violations under the Employee Retirement Income Security Act delinked an insurer’s coverage decision from any actual harm to insureds, an insurer and its amicus argue in March 26 and March 15 briefs asking the Ninth Circuit U.S. Court of Appeals to reverse the judge’s liability ruling in favor of the insureds....