You already know that in March 2015, the 6th Circuit issued an en banc decision rejecting disgorgement of profits claims. Rochow v. Life Ins. Co. of N. Am., 780 F.3d 364, 372 (6th Cir. 2015)(en banc) (rejecting $3.8 million disgorgement claim against Life Insurance Company of North America as “an impermissible duplicative
October 2015
ERISA — ATTORNEY FEES: What Happens When The Plan And The Insurer Don’t Agree On The Benefit Denial?
By Mike Reilly on
Posted in Uncategorized
You already know that under ERISA the court has discretion to award attorney fees to a party that has “some success on the merits.”
But what happens when the ERISA plan and the insurer are defendants, and the plan disagrees with the insurer’s denial of ERISA-governed disability benefits?
Can the ERISA plan, a nominal defendant…