ERISA Remedies Could Increase Under Liu V. SEC Ruling

By Mark DeBofsky (July 16, 2020, 1:45 PM EDT) -- Employee benefit claimants are frequently surprised by the limited remedies to them under the Employee Retirement Income Security Act. However, a recent U.S. Supreme Court ruling in Liu v. U.S. Securities and Exchange Commission,[1] might open the door to additional remedies.

Although many ERISA claims involve benefits provided under disability, life or health insurance policies, traditional insurance remedies that include extracontractual damages for bad faith claim handling are disallowed.

The seminal Supreme Court ruling in Pilot Life Insurance Company v. Dedeaux in 1987[2] firmly established that such claims are preempted by ERISA because they conflict with the specific remedies enumerated in...

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