EBIA Weekly Newsletter

Court Concludes Multiple Individual Insurance Policies Were ERISA Plan Due to Employer’s Involvement


   August 16, 2018

Bommarito v. Nw. Mut. Life Ins. Co., 2018 WL 3537118 (E.D. Cal. 2018) Available at https://www.gpo.gov/fdsys/pkg/USCOURTS-caed-2_15-cv-01187/pdf/USCOURTS-caed-2_15-cv-01187-9.pdf A court has ruled that ERISA applies to a long-term disability insurance policy purchased by the owner of a physical therapy business. She became disabled and collected benefits under the policy, but eventually, the insurance … Read More


Can Employers Still Reimburse Their Employees’ Moving Expenses?


   August 16, 2018

QUESTION: Our company sometimes reimburses new employees for their moving expenses when they relocate to join the company. Now that there is no deduction for moving expenses, can we still reimburse moving expenses? ANSWER: The Tax Cuts and Jobs Act suspended the moving expense deduction for individuals and the exclusion for amounts employers pay for … Read More


Find Your Answers in the EBIA Compliance Library 


   August 9, 2018

EBIA has breadth and depth: We offer employee benefits resources on a broad range of topics and detailed expert analysis with examples, charts, practical tips, and sample documents. Here are highlights of recent updates to our ERISA and consumer-driven health care publications: ERISA Compliance Final Regulations on Association Health Plans. Final … Read More


Plan’s Anti-Assignment Clause Not Waived by Direct Payment to Health Care Provider


   August 9, 2018

N.J. Spine & Orthopedics, LLC v. Schwan Cosmetics USA, Inc., 2018 WL 3492147 (D.N.J. 2018) Available at https://www.gpo.gov/fdsys/pkg/USCOURTS-njd-2_17-cv-11609/pdf/USCOURTS-njd-2_17-cv-11609-0.pdf In a case applying the Third Circuit’s recent decision that welfare plan anti-assignment clauses are generally enforceable (see our Checkpoint article), a federal trial court has … Read More


Court Considers Exclusion for Wilderness Treatment Programs


   August 9, 2018

Vorpahl v. Harvard Pilgrim Health Ins. Co., 2018 WL 3518511 (D. Mass. 2018) Available at https://www.gpo.gov/fdsys/pkg/USCOURTS-mad-1_17-cv-10844/pdf/USCOURTS-mad-1_17-cv-10844-0.pdf A court has declined to dismiss a lawsuit challenging an insurer’s denial of coverage for mental health services delivered in a wilderness program setting based on an exclusion in its policies. Participants in multiple employer-sponsored … Read More