Wilson Elser | USA | 27 Feb 2015
In Silva v. Metropolitan Life Insurance Company, 762 F.3d 711 (8th Cir. 2014), the Eighth Circuit joined a number of other circuits in recognizing…
Haynes and Boone LLP | USA | 19 Sep 2014
In the case of Moyer v. Metropolitan Life Ins. Co., the U.S. Court of Appeals for the Sixth Circuit held that a notice of benefit denial under ERISA…
Fox Rothschild LLP | USA | 28 Sep 2012
Last year, in CIGNA Corp. v. Amara, the Supreme Court signaled a willingness to broaden the scope of equitable remedies available to successful ERISA plaintiffs.
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).
Jorden Burt LLP | USA | 4 Jun 2012
MetLife and certain of its officers and directors have been sued three times by shareholders regarding the company’s alleged failure to use the Social Security Administration’s Death Master File to identify deceased policyholders in order to make payments to beneficiaries or to the state under applicable escheatment laws.
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.
Jorden Burt LLP | USA | 9 Aug 2011
On August 5, 2011, the Second Circuit Court of Appeals issued its much-anticipated decision in Faber v. Metropolitan Life Insurance Co ., affirming the dismissal of the plaintiff's putative class action that alleged MetLife breached its ERISA fiduciary duties by distributing ERISA-governed life insurance benefits through Retained Asset Accounts.
Steptoe LLP | USA | 5 Aug 2011
In court filings and a series of public statements, the Department of Labor (DOL) has argued that the Supreme Court’s recent decision in CIGNA Corporation v. Amara, 131 S.Ct. 1866 (May 16, 2011) broadly authorizes monetary relief under ERISA §502(a)(3), contrary to the view of most lower federal courts.
Proskauer Rose LLP | USA | 7 Jun 2011
Remedies: On the same day that the United States Supreme Court in CIGNA Corp. v. Amara (see above) suggested that the remedy of surcharge was one of equity and may be available under ERISA, the Fourth Circuit in McCravy v. Metro. Life Ins. Co., 2011 WL 1833873 (4th Cir. May 16, 2011), concluded the opposite, finding that an employee of Bank of America could not recover the full value of her......
Jorden Burt LLP | USA | 30 Mar 2011
In connection with the pending, fully briefed and argued appeal in Faber v. Metropolitan Life Ins. Co., the Second Circuit Court of Appeals requested that the Department of Labor provide answers to three questions related to the use of Retained Asset Accounts (RAAs) to pay insurance benefits under an ERISA-governed plan.