The United States Court of Appeals for the Eleventh Circuit has ruled that an employer can be sued for monetary compensation for alleged breaches of its fiduciary duty to an ERISA beneficiary.
CORAL GABLES, Florida., July 20, 2022 /PRNewswire/ — In June 2022the appeals court issued a decision confirming that a fiduciary – in this case an employer – can be required to pay a beneficiary for breach of its fiduciary duty under ERISA.
Dabdoub law firm successfully helped Raniero Gimeno appealing an unjustified partial denial of life insurance benefits under her deceased spouse’s life insurance policy.
The employer, NCHMD, did not provide all the necessary information to Gimeno’s spouse, Justin Polga, when Polga took out life insurance. After Polga’s death, the insurance company denied some of the benefits Gimeno claimed as a beneficiary of the policy, alleging that he was not properly registered because certain forms were not completed. The forms were never provided to Polga.
Dabdoub law firm helped enforce Gimeno’s right to fair redress in first impression case
The Dabdoub law firm took Gimeno’s suit to the United States Court of Appeals for the Eleventh Circuit. The Court of Appeal determined that Gimeno had sufficiently alleged that NCHMD was a fiduciary under ERISA and had breached its fiduciary duties by failing to provide required forms to an employee. Under ERISA § 1132(a)(3), Gimeno could sue for damages through an “equitable surcharge.”
Gimeno’s lawyer, Edward Dabdoub of the law firm Dabdoub, explained how this important decision sends a message to employers that they may face consequences if they do not provide all necessary information and forms to policyholders during the registration process. This first impression case allows other beneficiaries to sue employers under the ERISA statutes.
About Dabdoub Law Firm
Dabdoub Law Firm is a nationally recognized disability insurance law firm. Their sole purpose is to help people with disabilities receive the benefits to which they are entitled. They have a long experience in submitting complaints and appeals in the event of unjustified denial or termination of benefits. They have won numerous lawsuits against major insurance companies United States.
Since federal laws govern disability claims, their attorneys can help you no matter what state you live in. You can visit the Dabdoub Law Firm website at https://www.longtermdisability.net/ to learn more about how they can help you. You can schedule a free consultation by calling (800) 969-0488 or by filling out their online contact form at https://www.longtermdisability.net/contact-us/
SOURCE Dabdoub Law Firm