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Apr. 14, 2017
Ruling limits who can bring suit under ERISA
A recent 9th Circuit decision narrowed the term "beneficiaries" under ERISA to exclude health care providers. By Robert J. McKennon and Stephanie L. Talavera
Robert J. McKennon
Shareholder
McKennon Law Group PC
20321 SW Birch St Ste 200
Newport Beach , CA 92660
Phone: (949) 387-9595
Fax: (949) 385-5165
Email: rm@mckennonlawgroup.com
USC Law School
Robert specializes in representing policyholders in life, health and disability insurance, insurance bad faith, ERISA and unfair business practices litigation. His firm's California Insurance Litigation Blog can be found at www.californiainsurancelitigation.com.
Courts continue to grapple with who can sue under the Employment Retirement Income Security Act of 1974. ERISA provides procedural and fiduciary protections that govern employer-sponsored insurance plans, but persons who want to sue under ERISA first must qualify as a plan "participant" or "beneficiary." See ERISA Section 502(a), 29 U.S.C. Section 1132. Last month, the 9th U.S. Circuit Cou...
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