Kenseth v. DEAN HEALTH PLAN, INC.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a fiduciary could breach its duly by inviting inquiries and not warning beneficiaries that they could not rely on the advice given by customer service representatives
• holding that a fiduciary could breach its duty by inviting inquiries and not warning beneficiaries that they could not rely on the advice given by customer service representatives
• noting that plaintiff “has filed suit to recover for the injuries that [Defendant] has caused to her rather than to the plan as a whole. She therefore must be suing under the statute’s catch-all provision, Section 1132(a)(3)
• explaining that “[f]inding that plan administrators may breach a fiduciary duty vicariously through the actions of a non-fiduciary would vitiate our requirement that an ERISA claim for breach of a fiduciary duty must be asserted against plan fiduciaries”
• collecting cases and observing that ERISA’s duty of prudence incorporates an “affirmative obligation to communicate material facts affecting the interests of beneficiaries”
• describing categories of equitable relief available under 29 U.S.C. § 1132(a)(3)

Source: CourtListener parenthetical corpus (CC0).