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Seventh Circuit Permits Equitable Relief for Fiduciary Breach When Incorrect Coverage Information Provided by Call Center (PDF)
U.S. Court of Appeals for the Seventh Circuit Link to more items from this source
June 14, 2013

"[After Cigna v. Amara, we] can now comfortably say that if [the participant] is able to demonstrate a breach of fiduciary duty ... and if she can show that the breach caused her damages, she may seek an appropriate equitable remedy including make-whole relief in the form of money damages.... If the plan documents are clear and the fiduciary has appropriately trained staff to field inquiries, a fiduciary will not be held liable if a ministerial, non-fiduciary agent has given incomplete or mistaken advice to an insured.... But if the documents are ambiguous or incomplete on a recurring topic, a fiduciary may be liable for mistakes that representatives make in answering questions on that subject." [Kenseth v. Dean Health Plan, No. 11-1560 (7th Cir. June 13, 2013)]

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