Labor/Employment
Aug. 12, 2010
The Waiver Doctrine, Alive And Well in ERISA Cases
It's a safe bet that the 9th Circuit will expand the use of waiver to grant benefits to ERISA plan participants, by Robert J. McKennon of McKennon|Schindler.
California courts have long applied the waiver doctrine in insurance cases, usually against insurers to afford coverage to insureds. But whether the waiver doctrine applies to group insurance claims under the Employee Retirement Income Security Act (ERISA) was resolved just last week by the 9th U.S. Circuit Court of Appeals in Mitchell v. CB Richard Ellis Long Term Disability Plan, 2010 DJDAR 11532 (9th Cir. July 26). It was n...
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