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First Circuit Allows ERISA Retained Asset Account Claim to Proceed (PDF)
Eversheds Sutherland via Lexology; registration required
[Guidance Overview] Nov. 13, 2008 Excerpt: On November 6, 2008, the U.S. Court of Appeals for the First Circuit overturned the dismissal of a complaint against an insurer asserting breaches of fiduciary duties under ERISA where the insurer paid life insurance benefits by means of a retained asset account. In so ruling, the court rejected arguments by the insurer (1) that payment through the retained asset account was the equivalent of a lump sum payment and (2) that the breach of fiduciary duty claim was precluded by ERISA's guaranteed benefit contract provision. MORE >> |
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