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ERISA – 2nd Circuit: Reversible Error To Deny Successful Claimant’s Attorney Fees Solely Because There Was No Evidence of Bad Faith

By Mike Reilly on March 17, 2014

Posted in ERISA

Can a court deny a successful ERISA claimant’s attorney fees solely because there is no evidence of bad faith? NO.

Here’s the case of Donachie v. Liberty Life Assurance Company of Boston, __ F.3d __ (2nd Cir. March 11, 2014) [PDF].

FACTS: Donachie had a peculiar heart condition: Everyone “sitting in the …