Citing Cigna, 7th Circ. OKs Money Damages In ERISA Suit

By Ben James (June 13, 2013, 5:40 PM EDT) -- A woman who sued Dean Health Plan Inc. under the Employee Retirement Income Security Act after being stuck with a $77,974 medical bill can seek monetary compensation in light of the U.S. Supreme Court's 2011 Cigna Corp. v. Amara decision, the Seventh Circuit said Thursday.

A three-judge panel revived Deborah Kenseth's ERISA breach of fiduciary duty suit against insurance services company Dean Health, vacating a trial court decision that granted Dean Health summary judgment and concluded that Kenseth couldn't be awarded the relief she was after even if she proved a breach.

When the high court issued Cigna v. Amara, a...

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