Mark Thomas, of Williams Mullen, summarizes Estate of Moceri v. Ratner Companies, which provides a practical lesson on determining a duty to give notice to ERISA participants. In Estate of Moceri, the U. S. District Court for the Middle District of Florida dismissed the claim by the estate of an ERISA group life insurance plan participant for a fiduciary’s alleged failure to give timely notice of the right to continue the benefits after termination of the participant’s employment and held that the estate failed to plead facts showing that such a duty arose, or had been breached, in this case.
Source: Participant’s Estate Fails to Show a Claim For Failure to Give Notice of Right to Continue Life Insurance Coverage: Estate of Moceri v. Ratner Companies, LC | Williams Mullen – JDSupra
See case at Estate of Moceri v. Ratner Companies, LC, Case No. 2:14-cv-579-FtM-29CM (M.D.Fla. April 7, 2015).
Posted by Lewis J. Saret, Co-General Editor, Wealth Strategies Journal.