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Home > News > Victory in Death Benefits Case HOUSTON (May 4, 2010) — EMH lawyers David McDowell and Alana Pulaski successfully defended American United Life Ins. Co. ("AUL") in a case seeking death benefits on an ERISA group life insurance policy. EMH’s client denied benefits and rescinded coverage on the basis of material misrepresentations made by the deceased during the application process. Specifically, AUL learned that the deceased had provided a false Social Security number both to his employer and on his life insurance application and was not legally living or working in the United States. Because the deceased was not eligible for employment in the United States, EMH argued that he was ineligible for coverage under the group plan. In a 38-page report and recommendation (see report and recommendation here), United States Magistrate Judge Caroline M. Craven recommended that the case be dismissed because AUL’s denial and rescission was appropriate under the applicable ERISA standards of review and federal common law governing rescission. United States District Court Judge David J. Folsom adopted the report and recommendation of the Magistrate in its entirety, dismissing the case. See Judge Folsom's opinion here.
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