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Appellate Law
: Appellate Law and PracticeCA1: a Checkbook is not a payment under ERISA
By S. COTUS
Mogel v. UNUM Life Insurance, No. 08-1334. This is an ERISA case. It holds that ?security accounts? that were established to fund death benefits are not separate accounts and therefore UNUM?s ERISA-based fiduciary duty applies. UNUM claims that it complied with its fiduciary duties by ?delivering a checkbook? (with small limits on the amount of the checks that could be written). This seems pretty obvious, but it is a reversal of the District Court.
Full post as published by Appellate Law and Practice on November 06, 2008 (boomark / email).
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