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Fourth Circuit Revives Breach of Fiduciary Duty Claim Against Plan Administrator Related to Life Insurance Coverage
Michelle L. Roberts via LinkedIn 
July 25, 2019 "[W]hen an administrator knows that an employee wishes to maintain participation in a plan, it acts in a fiduciary capacity when it conveys, or fails to convey, material information to a plan participant about the retention of eligibility for the benefits.... With respect to the VP's advice to Dawson-Murdock to not appeal her denial of benefits to Unum, the Fourth Circuit found that this action of conveying information about plan benefits to a beneficiary in order to assist plan-related decisions, is a fiduciary activity under ERISA." [Dawson-Murdock v. National Counseling Group, Inc., No. 18-1989 (4th Cir. Jul. 24, 2019)] MORE >> |
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