Coronavirus (COVID-19) News and Resources
Coronavirus (COVID-19) Webcasts
Subscribe to Free Daily Newsletters
Post a Job

Featured Jobs

ESOP Valuation Writer
Unique ESOP Valuation Provider
(Telecommute)
Defined Contribution Account Manager
Nova 401(k) Associates logo
Nova 401(k) Associates
(Houston TX / Dallas TX / Scottsdale AZ / Telecommute)
Enrolled Actuary
Loren D. Stark Company logo
Loren D. Stark Company
(Telecommute)

Free Daily News and Jobs

“BenefitsLink continues to be the most valuable resource we have at the firm.”

-- An attorney subscriber

Get the BenefitsLink app LinkedIn
Twitter
Facebook

<< Previous news item   |   Next news item >>



Federal District Court Deems Claim for Equitable Relief Appropriate
Womble Carlyle Link to more items from this source
Oct. 13, 2014
"The Court noted that the key to the Varity analysis was whether both theories of recovery were based upon the same alleged conduct; if so, the claim for equitable relief under ERISA 502(a)(3) was not appropriate. But here, Judge Story found, the alleged wrongful conduct was not Prudential's benefit determination, but rather the employer's failure to provide the conversion application in a timely manner. In fact, as a direct result of the employer's alleged breach, plaintiffs had no a claim for benefits pursuant to ERISA 502(a)(1)(B) under the policy terms; they had a claim under ERISA 502(a)(3) or nothing." [Biller v. Prudential Ins. Co. of America and Six Continents Hotels, Inc., No. 1:13-CV-03495 (N.D. Ga. Aug. 26, 2014)]

Please click here to report this link if it is broken (for example, if you see a "404 File Not Found" error message after you click on the link above).
An important word about authorship: BenefitsLink® is providing a hypertext link to the item shown above, but is not the author of the item (unless otherwise specified).
© 2020 BenefitsLink.com, Inc.