More and more contracts seem to be moving toward clauses which require the parties to submit to arbitration rather than taking the matter to court. In the case linked below, the U.S. Court of Appeals for the Ninth Circuit examines the issue of whether or not an arbitration clause in an insurance contract forces the employee to arbitrate all claims or if some claims were excluded from this clause. In this case, Munro v. University of Southern California, the Court examined whether or not an arbitration clause bound employees to settle a dispute in arbitration that was not personal to the employee but rather a dispute brought on behalf of the ERISA plan itself.
As more and more companies move to arbitration clauses, these type of issues will arise. If you need help with your long-term disability claim, call us. We are here to help.
This is the link to the Munro case: https://cdn.ca9.uscourts.gov/datastore/opinions/2018/07/24/17-55550.pdf
Latest Posts
Interesting Article on ERISA In The Journal of Accountancy
Here is an interesting article on the history of ERISA and the challanges we face going forward. The law has been in existence for over 40 years, but there...
Interesting Article on ERISA In The Journal of Accountancy
Duke Health Systems in NC – LTD Claim Information
Here at Cody Allison and Associates, we try to provide helpful information on this blog. We have previously published articles on how to make long-term...
Duke Health Systems in NC – LTD Claim Information
Erlanger Health Systems – Chattanooga, TN / ERISA long-term disability benefts at a glance
Different employers have different long-term disability policies and different requirements to be able to make a claim. Below, we have provided information...