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Gimeno v. NCHMD, Inc., No. 21-11833, __ F.4th__ 2022 WL 2309436 (11th Cir. Jun. 28, 2022) (Before Circuit Judges Pryor, Rosenbaum, and Brasher). 

Today’s case of the week goes where many cases have gone before in answering in the affirmative the straightforward question: “Does [ERISA Section 502(a)(3)] create a cause of action for an ERISA beneficiary to recover monetary benefits lost due to a fiduciary’s breach of fiduciary duty in the plan enrollment process?”
Continue Reading The Eleventh Circuit Agrees That Surcharge is Available Equitable Relief

McQuillin v. Hartford Life & Accident Ins. Co., No. 21-1514, __ F. 4th __, 2022 WL 2029879 (2d Cir. Jun. 7, 2022) (Before Circuit Judges Walker, Calabresi, and Cabranes).

 ERISA claims administrators and courts often hold plan participants and beneficiaries strictly to time limits and other plan-imposed or regulatory requirements and cut off their rights when they fail to meet these requirements. In this decision, the Second Circuit rules that insurance companies and other claims administrators must likewise meet regulatory time limits or suffer the consequences of their failure to do so.
Continue Reading Taking ERISA Rights Seriously: Second Circuit Rules That Hartford’s Failure to Meet Time Limits Excuses Claimant from Exhaustion

There were many long decisions issued this week and quite a few are only marginally interesting. But, dear ERISA Watchers, we read and summarize them so you don’t have to.

Below is a summary of this past week’s notable ERISA decisions by subject matter and jurisdiction.

Attorneys’ Fees

Eighth Circuit

Yates v. Symetra Life Ins. Co., No. 4:19-CV-154-RLW, 2022 WL 1618787 (E.D. Mo. May 23, 2022) (Judge Ronnie L. White). On January 3rd of this year, the court granted plaintiff Terri Yates’s motion to alter judgment, reversed its earlier opinion that she had failed to exhaust administrative remedies, and awarded her accidental death benefits concluding that her husband’s death from a heroin overdose was an unforeseen outcome his heroin use and not an intentional self-inflicted injury.Continue Reading Your ERISA Watch – Week of June 1, 2022