In Martorello v. Sun Life Assurance Co. of Canada, 2009 U.S. Dist. LEXIS 41465, No. C 09-0912 PJH (May1, 2009), the court held the Sun Life failed to state a claim for equitable relief under 502(a)(3) of ERISA(29 U.S.C. 1132(a)(3)) sufficient to compel reimbursement of amounts previously paid. Charles Martorellowas a Senior Vice President of Sales […]

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The Sixth Circuit in American Council of Life Insurers, et al. v. Ken Ross, No. 08-1406, 6th Cir.; 2009 U.S. App. LEXIS 5748 (March 18, 2009) upheld. Michigan’s prohibition against discretionary clauses in insurer issued Welfare Benefit Plans. The Court held that administrative rules prohibiting insurance companies from issuing policies containing discretionary language were intended to […]

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