Equitable Surcharge Awarded to Life Insurance Plan Beneficiary

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A federal district court in California awarded relief in the form of surcharge to a life insurance plan beneficiary who claimed that a plan administrator failed to provide complete and accurate information in response to inquiries about how to prevent coverage from lapsing. In so ruling, the court stated that the plan administrator’s response to the decedent did not answer her questions or direct her to where she could find the requested information. As a result, the court determined that equitable surcharge was the most suitable remedy and awarded the beneficiary an amount equal to the face value of the life insurance policies. The case is Echague v. Metro. Life Ins. Co., 2014 WL 2089331 (N.D. Cal. May 19, 2014).

 


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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