In the United States District Court, Boston, Firm Attorneys Christopher Jantzen, Christina Madek, and Peter Riordan defeated an insurer’s attempt to avoid 93A liability for mishandling insurance proceeds by claiming the Employment Retirement Income Security Act (“ERISA”) preempted the claims. Federal District Court Judge, William Young, denied the insurer’s motion to dismiss, finding that the activities complained of were outside the scope of ERISA covered activities.
“Mr. Flinn does not seek relief under a statute demanding ERISA administrators to dole out benefits in a designated fashion; instead, he relies on common law and statutes that forbid careless handling of funds due to another( . . . )Mr. Flinn’s relationship with the Insurers is not based directly on the ERISA plan but instead on the process — or lack thereof — in which the Insurers failed to ensure that he received his agreed-upon benefits.”
See the write up in Massachusetts Lawyers Weekly here.