clause deemer definition

95 results for clause deemer definition

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  • 113 F.2d 974 (3rd Cir. 1940), 7033, Aetna Life Ins. Co. v. Moyer

    ...The clause which calls for the furnishing of satisfactory ...727, 729, quoting the definition in the Cooper case, supra). See Couch on ...408, 175 A. 536; Deemer et al. v. Weaver, Executrix, 324 Pa. 85, 187 A. ...

  • United States v. McCaney, 042406 FED09, 04-50578

    ... United States v. Deemer, 354 F.3d 1130, 1132 (9th Cir. 2004). Findings of ... with the Sixth Amendment’s Confrontation Clause if (1) the prosecution shows that the witness is ... of cocaine does not meet the definition of a felony drug offense.          The ...

  • The impact of unlicensed contractor activities.

    ...[section] 501.204). . Definitions . Several statutory definitions are important to ... or board failed to act thereon within the "deemer" provisions of [section]120.60 (i.e., 90 days). ... applied to cases involving arbitration clauses. While there are numerous conflicting cases (16) ...

  • Law School Wins First Round in Fight Under EPLI Policy

    Claims-made issues are often complicated in employment practices liability insurance (EPLI) cases because of the nature of discrimination claims. As a prerequisite to filing suit, a claimant must first submit a charge to the EEOC or other administrative body for investigation. Because of this, a claimant may file an EEOC charge in one policy period but file the subsequent lawsuit in a later...

    ... usually fall within the policy’s definition of a claim, a dispute may arise over when the ... a single claim [often referred to as a “deemerclause].  In addition, the court pointed to ...

  • Association Health Plan Perspectives (Part 2): The Look-Through Rule and the Limits of State Regulatory Power

    In a summary of the recently issued Association Health Plan (AHP) final regulations, the U.S. Department of Labor (DOL) rightly observed that AHPs are a species of multi-employer welfare arrangements, or MEWAs, that are subject to regulation under both federal and state laws. The insurance regulators in a handful of states have recently issued guidance that, in most cases, purports to prohibit...

    ... accomplish this by amending the definition of “employer” in ERISA section 3(5). State ... of federal power under the Supremacy Clause of the U.S. Constitution that sweeps aside state ... preemption statutory scheme is the “deemer clause” that prohibits states from deeming ...

  • 234 F.3d 298 (6th Cir. 2000), 99-3988, Medical Mutual Of Ohio v deSoto

    ...This reading of the Due Process Clause, in addition to being not inconsistent with the ... not protected from state law by ERISA's "deemer clause.".         Thus, the only ...Section 104(a) excludes from its definition of amounts of damages received on account of ...

  • Medical Mutual Of Ohio v deSoto, 113000 FED6, 00-3571

    ...(FN4) This reading of the Due Process Clause, in addition to being not inconsistent with the ... not protected from state law by ERISA's "deemer clause.".           Thus, the only ...Section 104(a) excludes from its definition of amounts of damages received on account of ...

  • Al Haramain Islamic Foundation, Inc. v. United States Department of Treasury, 022712 FED9, 10-35032

    ... of that rule appears to be the Due Process Clause, rather than a separate statutory grant of ... example, an unclassified summary, by definition, does not implicate national security because it ...Deemer , 354 F.3d 1130, 1132 (9th Cir. 2004) (describing ...

  • Avoiding ERISA under disability insurance contracts.

    ... law applies notwithstanding ERISA's saving clause, (3) which exempts from preemption any state laws ...The leading case on the definition of a plan is Donovan v. Dillingham, 688 F.2d 1367 ...(4) The saving clause is subject to the "deemer" clause, 29 U.S.C. [section] 1144(b)(2)(B), which ...

  • High-deductible health plans: litigation hazards for health insurers.

    ...(173) . Second, the "savings clause" permits states to continue to regulate the ...(176) . Third, ERISA's "deemer" clause provides that companies' self-funded ... governing collection of premiums, definition of benefits, submission of claims, and resolution ...

  • Law School Wins First Round in Fight Under EPLI Policy

    Claims-made issues are often complicated in employment practices liability insurance (EPLI) cases because of the nature of discrimination claims. As a prerequisite to filing suit, a claimant must first submit a charge to the EEOC or other administrative body for investigation.  Because of this, a claimant may file an EEOC charge in one policy period...

    ... usually fall within the policy’s definition of a claim, a dispute may arise over when the ... a single claim [often referred to as a “deemerclause].  In addition, the court pointed to ...

  • The circuitous journey to the patients' bill of rights: winners and losers.

    ... of preemption are the insurance saving clause and the deemer clause. The insurance saving ... Dedeaux, the Court relied on the broad definition given to the phrase "relates to" in Shaw and ...

  • OAG 89-3.

    ... insurance within the definition of ORS 735.605(5).SIXTH QUESTION PRESENTEDWould ...This case turns on the scope of the. "deemer" provision * * *. . . * * * * *. . . * * * ... of section 514(b)(2)(B) [the "deemer" clause,. 29 USC § 1144(b)(2)(B)] and must therefore ...

  • Consumer expectations and access to health care.

    Health care expectations which have a contractual basis are protected by law, while health care expectations with a moral but no contractual basis do not enjoy this protection. Discussions of the health care cost crisis must include this discrepancy. Contractual language may not be able to reflect the kinds of moral expectations that have evolved over time. Revising people's expectations to...

    ... benefits plans, ERISA contains a "savings clause" which exempts state law that "regulates ...One other crucial ERISA provision, the "deemer clause," extends the reach of preemption still ... argued that, under the contractual definition of experimental treatment, it had been given ...

  • The ERISA Litigation Newsletter - April 2016

    Editor's Overview - This month we feature three key developments. First, we review the U.S. Supreme Court's decision in Gobeille v. Liberty Mut. Ins. Co., 136 S. Ct. 936, 947 (2016) wherein the Supreme Court held that a Vermont statute requiring "all payers" to report healthcare information to the State of Vermont was preempted by ERISA. Second, we review the...

    ... benefits litigation and forum selection clauses. . . ERISA Preemption after Gobeille v. ...But ERISA's "deemer" clause prevents a state from deeming a ... of Labor Finalizes Fiduciary Definition and Conflict of Interest Rule . . On April 6, ...

  • Current developments in employee benefits.

    ... waiting periods and preexisting condition clauses may not be imposed on employees returning from ... in mind the EEOC guidelines' strict definition of "necessary" as existing only when no other ... ERISA Section 504(b)(2)(B), the so-called deemer clause, which provides that no employee benefit ...

  • Benefits Litigation Update - September 2012 .

    We are pleased to present the second edition of the Benefits Litigation Update, a joint project of Epstein Becker Green ("EBG") and ERIC (The ERISA Industry Committee). With an increase in litigation related to the provision of employee benefits, employers need to be just as aware of what the Courts are doing as they are about Congress and the regulators. We hope you find the latest...

  • A framework for analysis of ERISA preemption in suits against health plans and a call for reform.

    ...By definition the plan is to be involved in making decisions as ... as Section 514(33) is a broad preemption clause called by at least one court as . the most ... which regulate insurance(39) and then the "deemer clause"(40) which provides that no employer ...

  • Utah Code § 31A-1-301 - Definitions
  • A Poet's Guide to Employee Benefits Law - 2017 Edition

    The employee benefits world, with all its legal rules and regulations, is viewed by human resources people, financial people, and for that matter most lawyers, as forbidding territory - the "darkest forest" from the Wizard of Oz. In desperation, people purchase "answer books" which can answer a specific question, with citations, but without explaining why the answer is what it