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Court Allows Plan Trustees to Continue Fiduciary Breach Claims Against Third Party Administrator
Bloomberg BNALink to more items from this source
Dec. 29, 2015
"The court declined to dismiss the trustees' fiduciary breach claims because the alleged breaches didn't arise out of the performance of merely ministerial tasks. The court noted that the allegations specified that Carewise and Connecticut General exercised considerable discretion by setting aside the usual, customary and reasonable rate for reimbursement and by applying their own schemes. The allegations offered sufficient support for the inference that Carewise and Connecticut General usurped authority over plan management from the trustees, and exercised discretion as a matter of fact." [ILWU-PMA Welfare Plan Bd. of Trustees v. Conn. Gen. Life Ins. Co., No. 3:15-cv-02965-WHA (N.D. Cal. Dec. 22, 2015]

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