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Joseph Rimac and Anna Martin were invited to speak at a
roundtable meeting at the International DI Society
Conference to address issues facing both admitted and non-admitted insurers.
After arbitration, Joshua Heaviside obtained an award on
behalf of BCI Coca-Cola Bottling Company of Los Angeles.
Plaintiff claimed serious personal injuries after his truck
collided with an eighteen wheeler. After all evidence was
considered, the arbitrator determined that plaintiff was at
100% at fault for the accident and that the accident was caused
by plaintiff's inattention.
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On behalf of Unum Life Insurance Company of America, Anna Martin
obtained an order granting its motion to dismiss. The Court agreed with our argument that plaintiff could not state a claim for breach of a fidiciary duty based on a misuse of plan assets. We argued that the inclusion of the phrase “to the extent” in Section 1002(21)(A) means that a party is a fiduciary only as to the activities which bring that person within the definition. The plan at issue is a wholly insured plan and UNUM was not, in this context, an ERISA fiduciary with respect to the management of general plan assets and cannot be liable for alleged misuse of plan assets. The Court also dismissed plaintiff's claim under ERISA Section, §502(a)(3), request for a permanent injunction and demand for a trial by jury.
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