Cases
2021,
Midkiff v. Prudential Insurance Company of America,
ERISA long term disability claim in which Court ruled in favor of
client, granting all past due benefits, ordering Prudential to put
client back on claim, pre-
post-judgment interest,
awarding
attorneys’ fees. Served as local counsel.
Katherine P. v. Humana Health Plan, Inc., 959 F.3d 206 (5th Cir. 2020). Argued before 5th Circuit regarding how to apply the
de novo st
ard of review in an ERISA case involving denial of health insurance benefits for serious mental illness.Link to oral argument by Mr. Raval:http://www.ca5.uscourts.gov/OralArgRecordings/19/19-50276_2-5-2020.MP3More information about the case
opinion can be found here: https://www.healthpayerspecialist.com/c/2756783/338223/humana_suffers_legal_setback_eating_disorder_case_texas?referrer_module=issueHeadline&module_order=4Commentary about both
Katherine P. v. Humana A
riana M. v. Humana can be found here: https://www.healthpayerspecialist.com/pc/2648983/320683?all=true&referrer_module=article2019,
Benson v. MetLife,
ERISA life insurance claim regarding whether client was still eligible
for waiver of his life insurance premiums because he was disabled. Claim
settled following litigation.2019, represented claimant in
health insurance denial regarding whether treatment was medically
necessary. Settled claim favorably with insurer agreeing to pay all of
Mr. Raval’s attorneys’ fees.2018,
Ariana v. Humana Health Plan of Texas, Inc., 884 F.3d 246 (5th Cir. 2018): 5th Circuit overturned 26 years of jurisprudence stemming from
Pierre v. Conn. Gen. Life Ins. Co., 932 F.2d 1552 (5th Cir. 1991)
concurred with every other Circuit that applies the
de novo st
ard
of review to both legal
factual determinations, thus paving the way
for the Texas ban on discretionary clauses to trigger
de novo review of benefit denials of health
disability benefit claims.Link to panel oral argument by Mr. Raval:http://www.ca5.uscourts.gov/OralArgRecordings/16/16-20174_2-9-2017.mp3Case summary in ABA Tort Trial
Insurance Practice Section: https://www.americanbar.org/content/dam/aba/publications/tort_trial_insurance_practice_newsletters/healthdisabilitylife/health_disability_life_insurance_spring_2018.authcheckdam.pdf2017,
Prashant v. Liberty Life Assurance Company of Boston, et al,
No. 4:16-CV-1459, 2017 WL 10109450 (S.D. Tex. Feb. 22, 2017): Court
ruled that the Texas ban on discretionary clauses in insurance policies
is enforceable because Texas should be able to regulate the insurance
policies sold to its citizens.2017, represented claimant in
confidential arbitration between former husb
wife over
post-divorce asset distribution. Settled favorably on eve of hearing.2015,
Hamsher v. North Cypress Medical Center Operating Company, Limited, 620
Fed. Appx. 236 (5th Cir. 2015): 5th Circuit reviewed an appeal from
former nurse insured by North Cypress over whether her employer abused
its discretion in denying her health insurance claim. Court overruled
District Court’s denial
granted summary judgment for Hamsher.2015,
Humana Health Plan, Inc. v. Nguyen, 785 F.3d 1023 (5th 2015):
5th Circuit reviewed a matter involving ERISA subrogation rights
clarified the rights between Plan Administrators
ERISA
fiduciaries.Court rem
ed case to District Court to determine if
Plaintiff had st
ing to pursue subrogation claim against Plan
participant.