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State Law Claims Over Fraudulent Payment of Life Insurance Benefits Were Not Preempted by ERISA
Michelle L. Roberts via LinkedIn 
Nov. 19, 2018 "Plaintiff Flinn alleged that his deceased wife's sister, an attorney, forged a power of attorney on this behalf to get Minnesota Life to send payment of life insurance benefits to her rather than to him.... The court ... explained that the gravamen of Flinn's complaint is that the Insurers violated their state law obligation to ensure that he, or his true legal representative, received his benefit check. The court determined that his claims do not depend on the terms of the life insurance plan or benefits law generally but on state laws and federal statutes (other than ERISA). As such, they are not completely preempted by ERISA." [Flinn v. Minnesota Life Insurance Company, No. 18-10868 (D. Mass. Nov. 14, 2018)] MORE >> |
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