RW Federal ERISA Lawsuit Creates Favorable Law for Insureds – Insurers Can Be Held Liable for Document Non-Disclosure Penalties Under ERISA

ERISA Long Term Disability | U.S. District Court for the Northern District of Georgia

This was a fairly straightforward claim for disability benefits, but before the case settled it yielded a reported decision generally helpful to ERISA claimants in this jurisdiction. Over the insurer’s objection, Judge Thrash held that the insurer could be held liable for statutory penalties for failing to produce documents despite not bet being the named “plan administrator.” The order also confirmed that our ERISA clients are was entitled to prejudgment interest on wrongfully denied benefits.