Judge Thomas P. Griesa
Zurich American was claims administrator for UBS Financial Services Inc.’s employee benefits plan. Younger’s son—a UBS employee—died in 2008. Death was “accidental,” caused by “acute cocaine and alcohol toxicity.” Younger’s son was a party to two ERISA-governed insurance policies—a business travel accident insurance policy and a personal accident insurance policy providing for $100,000 in the event of death. Upon appeal, Zurich American’s refusal to pay benefits under the policies’ “suicide exclusion” was affirmed by the Review Committee under the policies’ “felony exclusion.” Younger sued UBS for benefits under three claims. District court denied dismissal of Younger’s claims seeking reformation of UBS’s benefits plan under ERISA §502(a)(3), and alleging breach of fiduciary duty under ERISA §502(a)(3), as duplicative of her claim for monetary benefits under both policies pursuant to ERISA §502(a)(1)(B). Citing Cigna Corp. v. Amara the court found it “beyond question” that Younger’s monetary benefits and reformation claims were distinct. Also, in Devlin v. Empire Blue Cross and Blue Shield the Second Circuit made clear that a claim for breach of fiduciary duty was not duplicative of a claim for benefits under ERISA §502(a)(1)(B).
