Sources of TPA Liability

ASPPA [American Society of Pension Professionals & Actuaries]

Speaker: Alison Cohen, J.D. Partner at Ferenczy Benefits Law Center

Description: TPAs provide some of the best customer service to their clients. Sometimes, that level of service can blur into areas where TPAs shouldn't venture, which can lead to liability. 3(16) practitioners aren't the only ones with risk on the table. But, if your firm wants to be a 3(16), make sure you define what that means to you. Knowing best practices, areas of risk, and what the courts say can help you stay out of trouble.

Learning Objectives:

• Identify main sources of TPA liability
• Elude claims of breach of contract
• Be aware of the difference between malpractice and negligence
• Avoid actions that create fiduciary liability
• Embrace the 3(16) status

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