Law360 Features Bachrach Win in Second Circuit ERISA Suit

Joshua Bachrach (Partner-Philadelphia) prevailed on appeal in the Second Circuit for an insurance company in an ERISA lawsuit. The plaintiff disputed the insurance company's calculation of his monthly benefit. Affirming the decision of the district court, the Second Circuit held that there was a reasonable basis for the insurance company to conclude that payments received by plaintiff from his employer after claiming disability qualified as a rehabilitative employment benefit, resulting in a reduced monthly benefit amount. The Court of Appeals also rejected plaintiff's argument that the claim decision should be reviewed de novo versus using the arbitrary and capricious standard, having found no violation of ERISA regulations.

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