"It appears this lawsuit could have been avoided if the plan was drafted to specify that a surviving spouse had to be married to the participant when benefits commenced to be eligible for survivor benefits. Even if the lawsuit could not have been avoided, the employer's motion to dismiss may have been granted to end the lawsuit prior to discovery if the plan document was unambiguously drafted and the employer did not informally communicate to the participant and beneficiary that a survivor benefit was available." [Gervait v. The Coca-Cola Company, No. 25-2738 (N.D. Ga. Mar. 5, 2026)]  MORE >>