Life Insurance and Erisa


The firm and its predecessor have represented life insurance companies since 1990 as insurer of individual and group life risks, as insurer of individual and group disability risks, as issuer of individual annuities and as plan administrator 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 benfeit into court pursuant to an interpleader order which also 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 its litigation counsel.