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Broker Breached Fiduciary Duty by Failing to Explain Interaction of Stop-Loss and Self-Funded Health Plan Coverage
Haynes Boone 
May 19, 2013
"Apart from providing benefit consulting services to the Employer, the Broker had a long-standing and close relationship with the Employer as its agent for various other types of insurance coverage.... A federal district court in Alabama held that (i) the Broker was a fiduciary of the Employer based on the long-standing, close advisory relationship between the two parties; and (ii) the Broker breached its fiduciary duty by failing to adequately explain to the Employer how the stop-loss coverage interfaced with the Plan's lifetime maximum and the means by which the Employer could cap its total liability." [Express Oil Change, LLC v. ANB Insurance Services, Inc., No. CV-10-BE-0263-KOB (N.D. Ala. Mar. 27, 2013)]
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