"The Second Circuit affirmed summary judgment to the pension plan on the basis that the SPD clearly and unambiguously provided ... accurate information ... [But] the court found the welfare plan SPD lacking in its organization, presentation, and substance: ... The Second Circuit concluded that the 'almost impenetrabl[e]' language, coupled with the petitioner's reasonable misunderstanding of a comment by a claim specialist concerning the availability of health benefits, presented a question of material fact sufficient to defeat summary judgment." [In re DeRogatis, Nos. 16-977-cv, 16-3549-cv (2d Cir. Sept. 14, 2018; unpub.)]  MORE >>