The US Court of Appeals for the Eleventh Circuit on June 28 held that an Employee Retirement Income Security Act plan beneficiary can bring a claim against a plan administrator or its agents under the act to recover life insurance benefits lost due to a breach of fiduciary duty.
The case, Gimeno v. NCHMD Inc., resolved an ERISA question of first impression.
In Gimeno, an employee elected supplemental life insurance coverage during open enrollment. In order to qualify for the supplemental coverage, evidence of insurability had to be sent to the human resources department. However, the HR department failed to send the employee the proper forms or notify him they were missing or necessary. Nonetheless, the employer deducted premiums for the supplemental coverage for three years and informed the employee that she had a total of $500,000 in life insurance coverage.
After the employee died, his spouse filed a claim with the plan’s insurance company. The insurance company denied the claim because the proper forms had never been completed. As a result, the spouse brought suit...
Russian propaganda has intensified its disinformation campaign surrounding the tragedy in Bucha, targeting a Western audience. In this way, the enemy is attempting to divert the international comm...