The Fourth Circuit recently concluded that a Sears employee’s state law claims seeking money damages based on denial of insurance benefits (for failure to submit evidence of insurability questionnaire) was preempted by ERISA. The Court explained that resolution of the state law claims required examining the plan to determine Sears’ obligations as plan administrator and
Life Insurance Benefits
Yet Another Decision On The Availability of Equitable Surcharge
By Russell Hirschhorn on
A district court in Pennsylvania concluded that a decedent’s life insurance plan beneficiaries were entitled to equitable surcharge where the plan administrator failed to, among other things, inform the decedent about the need to convert her group policy to an individual policy. Weaver Brothers Insurance Associates, Inc. v. Braunstein, 2014 WL 2599929 (E.D. Pa.…
Equitable Surcharge Awarded to Life Insurance Plan Beneficiary
By Joseph Clark on
A federal district court in California awarded relief in the form of surcharge to a life insurance plan beneficiary who claimed that a plan administrator failed to provide complete and accurate information in response to inquiries about how to prevent coverage from lapsing. In so ruling, the court stated that the plan administrator’s response to…
Providing A “Full and Fair Review” Does Not Make An ERISA Plan
By Joseph Clark on
A federal district court in Kansas concluded that attaching a statement of ERISA rights, i.e., a two page document listing and explaining the rights and protections provided by ERISA to plan participants, to a life insurance policy did not convert the policy into an ERISA plan. Wichita Firemen’s Relief Ass’n v. Kansas City Life Ins.
Third Circuit Concludes That Insurer Did Not Breach its Fiduciary Duties in Paying Benefits Through A Retained Asset Account
By Joseph Clark on
The Third Circuit recently found that while a life insurance company acts as a fiduciary in choosing to use a retained asset account to distribute benefits, it did not breach its fiduciary duties in making that choice. When an insurer creates a retained asset account as the method by which it will distribute benefits, it does not initially deposit any funds; rather, it credits the account with the benefits. The insurer does not transfer funds into the account until a beneficiary writes a check, at which point the insurer transfers funds to cover the check. Prior to payment, the beneficiary’s balance earns interest at a predetermined rate, but the insurer is free to invest the retained assets for its own benefit.