By: Daily Record Staff//November 19, 2014
By: Daily Record Staff//November 19, 2014//
U.S. Court of Appeals for the Second Circuit – ERISA – Legal Claims – Appropriate Equitable Relief
Cent. States, Se. & Sw. Areas Health & Welfare Fund v. Gerber Life Ins. Co.
Judges Calabresi, B.D. Parker and Lynch
Background: The claims at issue arose from injuries suffered by several students during scholastic athletic activities. At issue was which of two insurance policies afforded primary and which afforded secondary coverage for the type of injury. The plaintiffs’ complaint alleged various claims for declaratory judgment and injunctive relief under the Employee Retirement Income Security Act to establish the defendant’s obligation to pay future and past claims. The defendant moved for dismissal arguing that the plaintiff was actually seeking legal relief that was not available under the relevant statute.
Ruling: The Second Circuit affirmed. The court held that plaintiffs’ claims were legal and not for “appropriate equitable relief” under section 502(a)(3) of ERISA.
Timothy C. Reuter of Central States Funds for the plaintiffs-appellants; Raymond Kresge of Cozen O’Connor for the defendants-appellees