Kowal v. Hooker & Holcombe Inc.

DECISION & ORDER On December 21, 2021, the plaintiffs, Cassandre Kowal (“Cassandre”) and Samantha Keller (“Samantha”), commenced this action under the Employee Retirement Income Security Act of 1974 (“ERISA”). Docket Item 1. They assert claims related to a pension plan in which their mother, Lynn Keller (“Lynn”), participated. Id. The plaintiffs have sued Hooker & Holcombe, Inc. (“Hooker & Holcombe”); Hooker & Holcombe Retirement Services, Inc. (“H&H Retirement”); Hooker & Holcombe Investment Advisors, Inc. (“H&H Investment”); Pension Plan A of HealthNow New York, Inc. (“Pension Plan A” or the “Plan”); and HealthNow New York, Inc., d/b/a BlueCross BlueShield of Western New York, n/k/a Highmark Western and Northeastern New York, Inc. (“HealthNow”).¹ On November 7, 2022, the defendants moved to dismiss the complaint, Docket Item 25 (HealthNow defendants); Docket Item 26 (H&H defendants); on December 1, 2022, the plaintiffs responded, Docket Item 29; and on January 4, 2023, the defendants replied, Docket Item 32 (HealthNow defendants); Docket Item 33 (H&H defendants). On March 8, 2024, this Court heard oral argument. See Docket Item 36. For the reasons that follow, the defendants’ motions to dismiss are granted. FACTUAL BACKGROUND² Lynn began working for HealthNow in 1988. Docket Item 1 at 15. HealthNow provided a pension plan, Pension Plan A, that was managed by the H&H defendants, id. at

13-14, and in which Lynn participated, id. at 16. The terms of the Plan were included in a document titled “Pension Plan A of HealthNow NY, Inc.,” Docket Item 25-5 (some capitalization omitted), and in amendments to that document, Docket Item 25-6. The terms were summarized in a Summary Plan Description (“SPD”). Docket Item 25-7; see Docket Item 1 at 28. In December 2013, Lynn was diagnosed with Stage IV cancer. See id. at 22. About two weeks later, HealthNow “approved [Lynn's] placement on disability status due to illness.” Id. at 17. Lynn retired from HealthNow in March 2015. Id. at 18. During Lynn’s illness, Samantha “acted as [Lynn's] caregiver.” Id. at