The U.S. Court of Appeals for the Seventh Circuit, citing the recent Supreme Court decision in Cigna Corp. v. Amara, became the third federal appeals court to reverse established precedent by holding that make-whole money damages are an available remedy under ERISA. Prior to Amara, the Seventh Circuit, and others, held that “other equitable relief” permitted under ERISA section 502(a)(3) did not include make-whole money damages.

Kenseth v. Dean Health Plan, Inc., No. 11-1560 (7th Cir. June 13, 2013).