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Defended Insurance Brokers from Client Claims in a Contract-Based ERISA Dispute

February 10, 2017

Joe Kingma and John Rogers defended insurance brokers from client claims in a contract-based ERISA dispute. When a major airline filed for bankruptcy, the bankruptcy court appointed a committee of retirees to find health insurance for airline retirees who lost their benefits. The insurance brokers scrounged up insurance plans on short notice, and the retirees were happy. But then there was a changing of the guard on the committee, and a lawsuit followed. The committee attempted to cancel the contract and filed a prompt summary judgment motion. Carlock Copeland defeated that motion, and the case went into discovery. On cross-motions for summary judgment, the judge gutted the plaintiff’s case in a 74-page summary judgment order, rejecting the plaintiff’s argument that the brokers were ERISA fiduciaries. The case then settled on favorable terms.

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