8/19/2008: An Insurance Company, an Agent, and ERISA Preemption (Massachusetts Lawyers Weekly)
Excerpt: "[The defendants] recommended that the [plaintiff Maria Miara and her husband Richard] purchase a Defined Benefits Plan ('DBP'), and represented to the plaintiff that under the DBP the 'Pension Benefit Guaranty Corporation ('PBGC') guaranteed 100% spousal benefits in the event that anything was to happen to either [Miara or her] husband.' . . . 'In a letter dated June 12, 2002 and addressed to the estate of Richard A. Miara, the PBGC informed Miara, in her role as executrix of her late husband's estate, that under the remnants of the DBP, she was entitled to a monthly payment of $531.76 for the remainder of her life [rather than the earlier-quoted amount of $2,664.35]."
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