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Text of Sixth Circuit Opinion Denying Recovery of Disgorged Profits in Addition to Improperly Denied Benefits (PDF)
U.S. Court of Appeals for the Sixth CircuitLink to more items from this source
Mar. 5, 2015

43 pages, including concurrence and dissent. "ERISA remedies are concerned with the adequacy of relief to redress the claimant's injury, not the nature of the defendant's wrongdoing. The district court's use of equitable relief under Section 502(a)(3) as the vehicle for its disgorgement award misses the mark. Instead of focusing on the relief available to make Rochow whole, the award reflects concern that LINA had wrongfully gained something [by denying Rochow's benefit claim], a consideration beyond the ken of ERISA make-whole remedies.... By withholding payment of benefits until the denial was either finalized or rectified, LINA did not violate a second, distinct duty owed to Rochow and did not inflict a second injury. " [Rochow v. LINA (Life Ins. Co. of N. Am.), No. 12-2074 (6th Cir. Mar. 5, 2015)]

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