212-297-0700
In an ERISA New York disability litigation against Aetna, Riemer Hess successfully argued the Court should review the case under the plaintiff-friendly de novo standard – substantially increasing the Plaintiff’s chances of prevailing. The Court, in following the Second Circuit Court of Appeals’ ruling in Halo vs. Yale Health Plan, stripped Aetna of its discretionary authority because it failed to to strictly adhere to the ERISA claims regulations, and its violations were neither inadvertent nor harmless.
