Life, Health and Disability

The Life, Health and Disability/ERISA Committee focuses on issues affecting the life, health and disability insurance as well as the managed care industries. The Committee addresses a broad spectrum of issues, including claims, underwriting, regulatory and compliance matters affecting individually issued and ERISA governed insurance products. The Committee's members consist of industry in-house attorneys and claims professionals as well as the outside counsel who represent their interests. Our members are incredibly enthusiastic about the Committee, which provides practical advice, industry insight and legal support in the fast-changing and challenging environment in which this portion of the insurance industry currently finds itself.


The Committee has a number of active Subcommittees including Programs, Membership/Marketing, Publications, Web conferences, Web Page, Expert Witness, Legislative and State Liaisons, Diversity, Public Relations, Young Lawyers and In-House Counsel.


The Committee presents a substantive seminar every April. The Committee views this seminar as one of its most important functions and works hard to ensure that it provides not only the substantive CLE material that will permit our members to practice effectively and efficiently in these fields of the law but also the invaluable opportunity for outside and in-house counsel with similar interests and requirements to network. The Committee's annual seminar has consistently received extremely high marks from its attendees, whose numbers have steadily increased and whose feedback on topics and speakers have provided the foundation for the next year's agenda. Together, the Committee's leadership and members have made this the one "mandatory" seminar for those practicing in the the life, health, disability and ERISA areas. The agenda for the annual program is developed in large part by an in-house insurance counsel advisory group and the speakers are nationally recognized experts in their respective topics. The 2010 program drew approximately 500 attendees. The 2011 seminar will be held in Boston on April 27-29.


One of the greatest ongoing benefits of belonging to this Committee is receiving the Committee's quarterly publications, Life, Health and Disability News and the semi-annual ERISA Report. These newsletters are an excellent resource for all our members. The News includes scholarly articles by leading practitioners, a compendium of the latest legal developments, current case analysis, and shorter articles providing readers with practical advice and fresh insights on cutting edge issues. The ERISA Report provides updates and analysis of the latest case and regulatory developments in the ever-changing ERISA arena. The Committee encourages all members to contribute to these publications and many do, which accounts for the scope and depth of the material contained therein. Overall, these newsletters are the best place to go for the most up-to-date review of legal issues affecting the life, health, disability and ERISA industry.

E-News Flash

Supreme Court Clarifies Scope Of ERISA’s Fee-Shifting Statute (29 U.S.C. § 1132(g)(1))

In Hardt v. Reliance Standard Life Ins. Co., 2010 WL 2025127, No. 09-448 (U.S., May 24, 2010), the United States Supreme Court addressed: (1) whether ERISA's fee shifting statute, 29 U.S.C. § 1132(g)(1), permits courts to award attorney's fees only to a "prevailing party;" and (2) under what circumstances a fee claimant is entitled to attorney's fees under § 1132(g)(1).

CLICK HERE to view the summary.

CLICK HERE to view the decision.

U.S. Supreme Court Clarifies That A Corporation’s “Principal Place Of Business” Is Its “Nerve Center.”

By Joseph E. Laska

The U.S. Supreme Court has brought much-needed clarity to the question of how to determine, for purposes of diversity jurisdiction, a corporation’s “principal place of business.”  In Hertz Corp. v. Friend, 559 U.S. __ (February 23, 2010), the Court unanimously overruled the Ninth Circuit and held that a corporation’s principal place of business is “the place where the corporation’s high level officers direct, control, and coordinate the corporation’s activities”—commonly referred to as the corporation’s “nerve center.” 

CLICK HERE to view more.

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Committee Chair

Brooks R. Magratten

Pierce Atwood

(401) 588-5113
E-Mail: bmagratten@pierceatwood.com

Committee Vice-Chair

Ann-Martha Andrews

Lewis and Roca

(602) 262-5707
E-Mail: aandrews@lrlaw.com

Newsletter

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Newsletter

ERISA Report

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Seminar

Life, Health, Disability and ERISA Claims

Wednesday, April 27, 2011
Boston Marriott Copley Place
Boston, MA
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