Insurer May Be Due Attys' Fees Despite ERISA Loss: 2nd Circ.

Law360, Los Angeles (September 10, 2013, 5:13 PM EDT) -- The Second Circuit on Tuesday ruled that a company's attorneys might be able to collect fees from an insurer despite the dismissal of its Employee Retirement Income Security Act claims and the settlement of an employee's beef with the insurer over his wife's medical claims.

The appellate court said a New York federal judge applied too high a standard to ERISA claims when determining that the Village Fuel Employee Benefits Plan was denied fees because a case against it was voluntarily dismissed, vacating a lower court's...
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