"To obtain relief under the surcharge theory, a plan participant is required to show harm resulting from the plan administrator's breach of a fiduciary duty.... It was arguably fraudulent for MetLife to collect premiums from [the plaintiff,] a Savvis employee who, MetLife now argues, never had an approved policy. Further, MetLife did not just erroneously collect premiums from [the plaintiff] -- an internal MetLife investigation showed that roughly 200 Savvis employees had been paying premiums for policies that were never approved by MetLife. We conclude that [the plaintiff] is allowed to make his waiver argument on remand, and if successful, receive monetary damages" [Silva v. Metropolitan Life Ins. Co., No. 13-2233 (8th Cir. Aug. 7, 2014)]  MORE >>