But I Don’t Sell French Fries!
Licensors and Distributors as Accidental Frachisors
Misconceptions about the definition of a “franchise” can lead to the birth of an accidental franchise
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Renewing Your Commercial Lease in 2012
Sign on the Dotted Line
A look at “big picture” issues that need to be addressed when renewing an existing commercial lease or entering into a new one
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Facebook Has Changed the Game
The National Labor Relations Act and Your Social Media Policy
Three Advice Memoranda written by the NLRB last year indicate that employees should expect repercussions from talking negatively about their employers on Facebook under certain circumstances
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Beyond Fraud and Abuse
Why Health Care Mistakes Can Be So Costly
The line between “fraud and abuse” and “mistake” has blurred dramatically. The result for health care providers is that what used to be a routine billing mistake may now be “fraud” and may subject the providers to the same penalties and fines as an intentional and deliberate act to defraud the system.
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Tax
The Truths and Myths about Estate Planning
Common estate planning myths may impact your decision to plan in the first place.
Transportation
Spoliation and Preservation: Are You Sure You Downloaded That ECM?
The United States District Court for the Middle District of Florida recently handed down a decision concerning spoliation of evidence
Real Estate
Consider Zoning When Buying or Expanding a Business
When buying or expanding a business, beware of the sand traps and pitfalls related to zoning
Profiles
Bringing Wisdom to the Table: Bob Wedge
Ask Bob Wedge what he likes about practicing law, and his answer may surprise you
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Rob Marcus, Managing Partner
Smith Moore Leatherwood LLP
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rob.marcus@smithmoorelaw.com
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SMLPerspectives.com has been honored with a Gold 2011 Hermes Award in the Website Overall category.Recent Articles
Order Remanding ERISA Claim to Administrator Was Not Appealable, Because It Did Not Satisfy Collateral Order Test
Dickens v. Aetna Life Ins. Co., 2012 U.S. App. LEXIS 8019 (4th Cir. Apr. 20, 2012) As an employee of Bristol-Meyers Squibb, Dickens participated in the company’s long-term disability plan, under which benefits were funded by a group insurance policy issued by Aetna. Based on diagnoses of depression and anxiety, Dickens applied for LTD benefits
Three-Year Limitation Period, Beginning When Proof of Loss Was Submitted, Bars Action to Recover LTD Benefits under ERISA Plan
Belrose v. Hartford Life & Accident Ins. Co., 2012 U.S. App. LEXIS 7506 (4th Cir. Apr. 13, 2012) Belrose, a full-time employee of Camber Corporation, underwent arthroscopic knee surgery in September 2002. As a participant in his employer’s ERISA plan, Belrose began receiving short-term disability benefits under a group insurance policy issued by Hartford. Shortly
Payment of Life Insurance Premiums with Stolen Money Does Not Authorize Defrauded Party to Recover Benefits
Speedway Motorsports, Inc. v. Pinnacle Bank, 2012 Ga. App. LEXIS 366 (Mar. 29, 2012) In 2004, Speedway hired Oasis Trading Group, of which David Blihovde was a member, to provide consulting services about opportunities in the petroleum products business. Beginning in 2006, Blihovde allegedly sent fraudulent invoices to Speedway and misappropriated the payments. By 2010,
Benefits Not Payable for Disabling Condition That Develops after Final Claim Decision
Lamb v. Hartford Life and Accident Ins. Co., 2012 U.S. Dist. LEXIS 39207 (M.D. Ga. Mar. 22, 2012) Lamb, a truck driver, was insured under a long-term disability plan sponsored by his employer, Wal-Mart. In June 2008, Lamb claimed disability due to a staph infection in his right elbow. Hartford approved the payments of benefits
Court Applying North Carolina Statute in ERISA Case Rules Drunk Driving Death Not “Accidental”
Johnson v. Am. United Life Ins. Co., 2012 U.S. Dist. LEXIS 32718 (M.D.N.C. Mar. 12, 2012) Johnson suffered fatal injuries while driving during the early morning hours when he lost control of his vehicle, traveled off the roadway, struck a highway sign, and overturned several times. The roadway was illuminated by streetlamps and was dry
Denial of Accidental Death Claim Based On Alcohol Exclusion Was De Novo Correct
Smith v. Hartford Life and Accident Ins. Co., No. 1:10-cv-02471 (N.D. Ga. Feb. 17, 2012) Smith was covered by an ERISA-governed accidental death insurance policy provided by his employer. Smith died in a one-car collision, and a toxicology report showed that his blood ethyl alcohol content was 0.206 grams per 100 ml at the time
Action to Recover LTD Benefits Dismissed for Failure to Exhaust Administrative Remedies
Venning v. Metropolitan Life Ins. Co., No. 1:11-CV-0072 (N.D. Ga. Jan. 18, 2012) Venning suffered a head injury that caused chronic headaches, speech impairment, mental disorientation, and deficiencies in concentration. He received short-term disability benefits under an employee welfare benefit plan administered by MetLife. Long-term disability benefits had been paid for one year before MetLife
Death Was Not Due Solely to Accident, Because Prescription Medication Was a Contributing Cause
Slagle v. Life Ins. Co. of N. Am., No. 1:10-cv-0466 (N.D. Ga. Feb. 21, 2012) Slagle was insured by an ERISA-governed accidental death and dismemberment policy, which provided: We agree to pay benefits for loss from bodily injuries: a) caused by an accident which happens while an insured is covered by this policy; and b)
Administrator’s Procedural Errors Allow Claimant To Submit Post-Appeal Supporting Documentation
Cole v. Aetna Life Ins. Co., 2012 U.S. Dist. LEXIS 9007 (D.S.C. Jan. 26, 2012) After working 31 years as a registered nurse at a hospital, Cole submitted a claim for long-term disability benefits under her employer’s welfare benefit plan, which was fully insured by Aetna. She received benefits for disability from her own occupation,
Insurer May Not Retain Premiums When Rescinding Policy, Even if Insurance Was Procured by Fraud
PHL Variable Life Ins. Co. v. Faye Keith Jolly Irrevocable Life Ins. Trust, 2012 U.S. App. LEXIS 5283 (11th Cir. Mar. 14, 2012) PHL Variable Life Insurance Company sued Jolly and the Faye Keith Jolly Trust for negligent misrepresentation of Jolly’s assets in the application for a $10 million life insurance policy. The company sought
Circuits Split Over Equitable Defenses to ERISA Reimbursement Claims
In this challenging economic climate, subrogation and reimbursement claims by employers with self-funded health plans are gaining heightened attention. Injured employees, plaintiffs’ attorneys, and employers seeking to protect health plan assets are litigating subrogation and reimbursement claims more strenuously. Consequently, the law in this area is quickly evolving. Recently, a circuit split developed which may
Spoliation and Preservation: Are You Sure You Downloaded That ECM?
The United States District Court for the Middle District of Florida recently handed down a decision concerning spoliation of evidence