Credit: nito/Adobe Stock Judge: ERISA Claims to Proceed Against Late Physician's Employer Alleging Incomplete Communications With Beneficiary
"I think the case provides a good summary of the distinction between the duty of a fiduciary under an ERISA plan to provide information generally to employees and that's limited but once an employee seeks the assistance of the HR department and the HR department tells them that they're going to assist them and preserving the benefit, then the level of information that they need to provide becomes greater," said the plaintiff's attorney, Joseph P. Musacchio, of counsel for Kreindler & Kreindler in Boston.
January 30, 2023 at 06:25 PM
5 minute read
A federal judge recently sided with a widow who was denied her late husband's life insurance benefits as the beneficiary, finding Tufts Medical Center Physicians Organization Inc. and its human resources department may have been obligated to fully provide her with information to avoid a lapse in coverage.
The plaintiff, Lisa Erban, sued TMCPO, along with its human resource director, Nicolas Martin, alleging that they breached their fiduciary duty in violation of the Employee Retirement Income Security Act when she was denied basic life and supplement life insurances benefits as the beneficiary.
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