Life Insurance and Erisa


Since 1990 the firm and its predecessor have represented life insurance companies as insurer of individual and group life risks, as insurer of individual and group disability risks, as issuers of individual annuities and as plan administrators of ERISA plans. Customarily in the non-ERISA instances, the life insurer is faced with competing claims to a benefit and desires to deposit the benefit into court pursuant to an interpleader order that discharges the insurer from further obligation. In this manner the insurer avoids duplicative litigation and as a disinterested stakeholder, is usually entitled to reasonable counsel fees. The firm also represents the insurer where it seeks to  defend a claim based on an exclusion to coverage in the policy. In instances where claims are made against the plan administrator under ERISA, the firm acts as the administrator’s litigation counsel.