6th Circ. OKs $4M Disgorgement For Denial Of ERISA Benefits

Law360, New York (December 6, 2013, 3:42 PM EST) -- The Sixth Circuit on Friday affirmed a lower court's award of $3.8 million in disgorged profits to a former executive after the Life Insurance Co. of North America was found to have wrongfully denied him disability benefits.

In a 2-1 decision, the appeals court rejected LINA's argument that former Arthur J. Gallagher & Co. executive Daniel J. Rochow should not have been awarded equitable relief under § 502(a)(3) of the Employee Retirement Income Security Act because he was already recovering benefits under § 502(a)(1)(B) of the...
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