Williams Mullen | USA | 11 Jul 2012
The Fourth Circuit has reversed an earlier position and now recognizes a broader scope for equitable remedies available to ERISA plaintiffs following the U. S. Supreme Court’s decision in CIGNA Corp. v. Amara, 131 S. Ct. 1866 (2011).
Williams Mullen | USA | 16 Aug 2011
In Faber, et al. v. Metropolitan Life Insurance Company, No. 09-4901-cv, 2011 U.S. App. LEXIS 16153 (2d Cir. Aug. 5, 2011), the U. S. Court of Appeals for the Second Circuit has held that retained asset accounts, in which insurance proceeds are retained by the claims administrator for immediate use by the beneficiary, are not plan assets under ERISA.
Williams Mullen | USA | 15 Mar 2011
The Ninth Circuit overturned the denial of benefits by a plan administrator in a case that provides a useful “reverse weathervane,” showing several mistakes that a plan administrator should not make when reviewing a benefits claim.