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Recent case holds that ERISA plan fiduciaries cannot seek reimbursement from the contingency fee award to the participant’s attorney

  • Williams Mullen
  • -
  • USA
  • -
  • September 13 2010

A recent decision in the U. S. District Court for the Eastern District of North Carolina has held that a plan administrator with a claim against the insured for amounts recovered from a third party for medical benefits cannot pursue equitable remedies against the contingency fee attorney under the Employee Retirement Income Security Act of 1974 (“ERISA”

Fiduciary not liable for money damages in action to recover death benefits: Stocks v. Life Insurance Company of North America

  • Williams Mullen
  • -
  • USA
  • -
  • March 16 2012

A federal district court recently applied the U.S. Supreme Court’s decision in CIGNA Corp. v. Amara (2011), in a practical setting that illuminates both the range and the limits of the Supreme Court’s decision

Sixth Circuit case highlights potential traps for employee health care benefits: Clarcor, Inc. v. Madison National Life Insurance Company, Inc

  • Williams Mullen
  • -
  • USA
  • -
  • August 20 2012

In a case that highlights several potential problems in employee benefit plan design, the Sixth Circuit Court of Appeals in Clarcor, Inc. v. Madison National Life Insurance Company, Inc., No. 11-6177 (6th Cir. Jul. 31, 2012) (unpublished), held that an insurance policy covering certain health care costs for employees did not cover an employee once she was placed on short-term disability leave