9th Circuit:  Life Insurer Is Liable After Employer Actions Waived Requirement

Mealey's (July 12, 2021, 2:02 PM EDT) -- PASADENA, Calif. — A life insurance policy’s evidence of insurability requirement was waived because the employer’s actions in self-administering the plan “were ‘so inconsistent with an intent to enforce’ the requirement that it was reasonable for [the beneficiary] to believe she was not required to submit such evidence,” the Ninth Circuit U.S. Court of Appeals ruled July 9 in an unpublished memorandum opinion, affirming the judgment of a federal judge in California who ordered the insurer to pay full benefits and attorney fees and dismissed a third-party complaint against the employer....