Daily Archives: April 11, 2018

Robert McKennon and Stephanie Talavera Publish Article in the Los Angeles Daily Journal: "Ruling Addresses When A Third-party Acts as ERISA Fiduciary"

Posted in: Insurance Litigation Blog April 11, 2018

In the April 6, 2018 issue of the Los Angeles Daily Journal, Robert J. McKennon and Stephanie L. Talavera of the McKennon Law Group PC published an article entitled “Ruling Addresses When A Third-party Acts as ERISA Fiduciary,” discussing a new Ninth Circuit Court of Appeals case, Santomenno v. Transamerica Life Ins. Co., 883 F.3d 833 (9th Cir. 2018). The article details the Court’s limited holding, as it narrowly addresses when a service provider to the ERISA plan is considered a fiduciary under ERISA. Despite the limited nature of the decision, it still underscores the increasing importance of breach of fiduciary duties claims under ERISA.

The article is posted below with the permission of the Los Angeles Daily Journal.…

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Robert McKennon and Stephanie Talavera Publish Article in the Los Angeles Daily Journal: "Ruling Addresses When A Third-party Acts as ERISA Fiduciary"

Posted in: News, News Blog April 11, 2018

ERISA protects employees from abuse of their employer-sponsored benefit plans by establishing procedural protections and codifying fiduciary relationships. Under ERISA, plan fiduciaries must administer the plan in accordance with their duties of loyalty and prudence. While the employer who formed the plan is always a fiduciary under ERISA, other parties, such as the insurer or claims administrator, may become fiduciaries through certain conduct. When insurers have discretion to deny benefits under an ERISA plan, they are typically considered claims fiduciaries. In the April 6, 2018 edition of the Los Angeles Daily Journal, Robert J. McKennon and Stephanie L. Talavera of the McKennon Law Group PC discuss a recent Ninth Circuit case that outlines the role that employers and other fiduciaries …

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