Insurer Freed From Having To Defend DOL's $6M ERISA Suit

Law360 (July 15, 2020, 10:26 PM EDT) -- An Ohio federal judge handed a quick win to Gemini Insurance Co. on Wednesday, ruling that it does not need to pay $2.48 million in legal bills for its policyholder, a trustee service company, for its violation of the Employee Retirement Income Security Act, since the insurer's policies contain ERISA exclusions.

U.S. District Judge James L. Graham said that Gemini has identified the ERISA statute in its policies with "clear, exact terms" and that there is no coverage for any claims of ERISA violation. The insurer has no duty to pay for defense costs and settlements for the trustee service company, Fiduciary...

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