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De Facto Plan Administrator Claims in the First Circuit
Wilson Elser Link to more items from this source
July 10, 2014

"Plan insurers can still help to insulate themselves from improper penalty claims. When a claim is denied, counsel representing claimants frequently send 'kitchen sink' requests for documents, requesting both plan and claim documents from the insurer. A plan insurer receiving such a letter should respond to the request letter by stating that it is not the plan administrator and is responding only as the claim fiduciary ... Otherwise, if there are plan documents included in the claim materials that are provided (and an insurance policy is a plan document), the claimant may argue that the insurer assumed the duties of the plan administrator[.]"

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