ERISA & Group Litigation

DOCB handles sophisticated, complex ERISA litigation, representing administrators, insurers, and self-insured plans throughout New York, New Jersey, and Pennsylvania. In connection with the evolving discovery requirements in ERISA matters, we have also partnered with corporate legal departments to develop program-wide litigation readiness to ensure that the discovery process is smooth and inexpensive, and to find ways to use discovery to the company’s advantage.

In connection with representing insurers in Group Litigation with respect to health, life and disability plans, DOCB reviews the administrative record and together with the client determines whether early mediation is appropriate, or whether to first move for summary judgment. Our firm has successfully moved for summary judgment and resolved countless ERISA litigations.

Recent ERISA matters include litigations involving long COVID and issues regarding the application of plan terms where there have been changes or amendments to the plan and/or its administrators.

Other litigations of note:

COVID Notice Litigation: A complaint was filed against our client, a large insurer, alleging that the insurer unlawfully lapsed a large life insurance policy for nonpayment due to its failure to comply with COVID-19 directives relating to extended grace periods and cancellation notices. After exchanging written discovery, the matter was confidentially settled to our client’s satisfaction. One such argument was based on the COVID-19 executive orders, which provided that a policy could be deemed lapsed, but would extend the grace periods if certain conditions were met.

Our firm handled a similar suit in federal court arising out of a 2020 lapse that occurred while the insured was confined to a nursing home that prohibited visitors per state COVID regulations. This matter was favorably settled via confidential settlement agreement prior to engaging in motion practice or discovery outside the policy file.

Back