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West Virginia Complaint For Declaratory Judgment To Determine ERISA Coverage

Category:
Federal - Erisa
State:
Multi-State
Control #:
US-000273
Format:
Word; 
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This form is a Complaint For Declaratory Judgment To Determine ERISA Coverage. Adapt to your specific circumstances. Don't reinvent the wheel, save time and money.

West Virginia Complaint for Declaratory Judgment to Determine ERICA Coverage is a legal document that addresses issues related to the Employee Retirement Income Security Act (ERICA) coverage in West Virginia. ERICA is a federal law that sets standards for many employee benefit plans, including health insurance plans provided by employers. Keywords: 1. West Virginia: Refers to the specific state in which the complaint is filed, indicating the jurisdiction and legal framework applicable to the case. 2. Complaint: The legal document initiating a civil lawsuit, outlining the plaintiff's claims against the defendant. 3. Declaratory Judgment: A judgment made by a court that determines the rights and legal obligations of parties involved in a dispute or issue. 4. ERICA: The Employee Retirement Income Security Act is a federal law that regulates retirement, health, and other employee benefit plans offered by private employers in the United States. 5. Coverage: Pertains to the scope or extent of protection or benefits provided under an insurance policy, specifically in relation to ERISA-covered plans. Different types/names of West Virginia Complaint for Declaratory Judgment to Determine ERICA Coverage may include: 1. West Virginia Complaint for Declaratory Judgment to Determine ERICA Health Insurance Coverage: This type of complaint focuses on disputes related to health insurance coverage under ERICA in West Virginia. 2. West Virginia Complaint for Declaratory Judgment to Determine ERICA Retirement Plan Coverage: This complaint deals with issues concerning retirement plan coverage governed by ERICA in West Virginia. 3. West Virginia Complaint for Declaratory Judgment to Determine ERICA Compliance: This type of complaint seeks a determination from the court regarding ERICA compliance issues, ensuring that plans are meeting legal requirements in West Virginia. 4. West Virginia Complaint for Declaratory Judgment to Determine ERICA Preemptive Effect: This complaint aims to clarify the extent to which ERICA preempts certain state laws or regulations, influencing the applicability and scope of ERICA coverage in West Virginia. 5. West Virginia Complaint for Declaratory Judgment to Determine ERICA Fiduciary Duties: This type of complaint addresses allegations of breach of fiduciary duties by plan administrators or fiduciaries under ERICA in West Virginia. It's important to note that specific types of West Virginia Complaint for Declaratory Judgment to Determine ERICA Coverage may vary depending on the nature and specifics of the case at hand.

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FAQ

- A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in the party's favor as to all or any part thereof.

Except as to a party against whom a judgment is entered by default, every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in the party's pleadings.

- A new trial may be granted to all or any of the parties and on all or part of the issues (1) in an action in which there has been a trial by jury, for any of the reasons for which new trials have heretofore been granted in actions at law; and (2) in an action tried without a jury, for any of the reasons for which ...

Rule 6 - Time (a)Computation. - In computing any period of time prescribed or allowed by these rules, by the local rules of any court, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included.

Under West Virginia law, "[a] claim of unjust enrichment generally entails the establishment of three elements: (1) a benefit conferred upon the [defendant], (2) an appreciation or knowledge by the defendant of such benefit, and (3) the acceptance or retention by the defendant of the benefit under such circumstances as ...

Rule 55 - Default (a)Entry. - When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default.

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complaint are for declaratory judgment and that “ERISA is not a critical element of declaratory judgment.” (Pl.'s Combined Resp. at 4.) This Court disagrees ... ... in West Virginia jurisprudence for the position that an insurer in denying coverage must immediately file a declaratory judgment action. All that is ...Mar 25, 2010 — Third Party Defendants in this action, interpled its remaining coverage, and was dismissed. 6 seeks a declaratory judgment that LINA/CIGNA are ... War Memorial filed its complaint pursuant to the Declaratory Judgment Act, 28 U.S.C.A. § 2201(a) (West. 2006), which provides: “In a case of actual ... Dec 13, 2017 — In this insurance coverage dispute, did the Eighth. Circuit mistakenly apply this Court's clear direc- tion for interpreting Section ... Jan 21, 2020 — ("ERISA"), claiming that defendant "fail[ed] to provide coverage and benefits," "failed to comply with each and every request for information," ... This appeal of a declaratory judgment from the Circuit Court of Mercer County concerns a requirement in a liability insurance policy that notice of a claim ... Patricia Akers Oones) takes no issue with the legal rights of Danny Akers to elect a retirement benefit option and to designate a beneficiary, but once Mr. I However, West Virginia law does not require that the declaratory judgment action be brought to its completion before the merits of the underlying action ... Jan 26, 2023 — Plaintiff James R. Copland is a participant in a retirement plan subject to ERISA. 36. Defendant Martin J. Walsh is the Secretary of Labor. 5 ...

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