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Disgorgement of Profits Not Available for Arbitrary and Capricious Benefits Denial -- This Time
Wilson ElserLink to more items from this source
Mar. 24, 2015

"The decision leaves room, however, for an award of equitable relief under Section 502(a)(3) where the restoration of benefits alone is not sufficient to make the claimant whole or where there is an injury separate and distinct from the denial of benefits. By way of example, the court pointed to its [2005] decision in Hill v. Blue Cross and Blue Shield of Michigan, where it found a separate and distinct injury beyond the mere derivation of benefits necessitating equitable relief under 502(a)(3). There, the court ordered other equitable relief (injunction), in addition to payment of benefits due, to redress an alleged improper plan-wide claim-handling methodology, which the court found to be a separate injury affecting the entire plan." [Rochow v. LINA, No. 12-2074 (6th Cir. Mar. 5, 2015)]

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