The Supreme Court has once again waded into the Serbonian Bog of what is meant by the term “appropriate equitable relief” contained in 29 U.S.C. Section 1132(a)(3) (ERISA Section 502(a)(3)), which authorizes a civil action to be brought “by a participant, beneficiary or fiduciary (A) to enjoin any act or practice which violates any provision […]
The Supreme Court will hear a case questioning the timeline for ERISA cases involving a fiduciary’s duty to monitor investments. SCOTUS, or the Supreme Court of the United States, has agreed to hear a case that questions the extent of an employer’s fiduciary duty to monitor the ERISA plans they sponsor. ERISA, or the Employee […]
The Employee Retirement Income Security Act law creates a number of perverse incentives for insurers that administer benefit claims. Without the availability of remedies beyond the restoration of benefits due, insurers can earn significant profits on delayed payments. A recent 6th U.S. Circuit Court of Appeals ruling, Rochow v. Life Ins. Co. of North America, […]
A life insurance case involving the issue of incontestability caught our attention. Patterson v. Reliance Standard Life Ins.Co., 2013 U.S.Dist.LEXIS 171873 (C.D.Cal. December 4, 2013)(Issue: Incontestability).
A new court ruling is the first to recognize a fiduciary breach claim against a health insurer when misinformation given by its representative cost an employee his benefits.
DeBofsky & Associates recently won a ruling on the fiduciary exception to attorney-client privilege in an ERISA case.