Synergy Blog

From Roger Baron: Remedies of Equitable Estoppel, Restitution, and Surcharge utilized in Beneficiary’s claim against Plan

Reprinted with permission from Roger Baron

“In Winkelspecht v. Larson Company, 2012 WL 1995103 (Wis. June 1, 2012), the federal district judge approves “surcharge or restitution” on behalf of a beneficiary’s claim against the plan for breach of fiduciary duty. This court had previously approved the use of “equitable estoppel” against the plan in this same case.  This opinion construes “appropriate equitable relief” as found in § 502(a)(3) in light of Cigna v. Amara, stating:

In sum, I conclude that in light of Amara, in this case Plaintiff is entitled to either surcharge or restitution against GALCO and the Plan as a remedy for the breach of fiduciary duty. Plaintiff will of course not be allowed to recover twice but the breach of fiduciary duty is an alternate ground (to her claim of equitable estoppel) under which she is entitled to relief. Plaintiff’s motion for summary judgment as to both claims is therefore granted. Judgment in favor of Plaintiff and against Defendants GALCO and the Plan for the policy amount of $103,000, less the unpaid premiums.”

To view the opinion, click HERE

TESTIMONIALS

"Synergy is an invaluable partner in the mediation process. They have extensive expertise in Medicare, Medicaid and Structured Settlements and the ability to explain the impact of these complex concepts to my clients in simple, clear and understandable language. This allows me to focus on obtaining the best possible result in the settlement process."

Michael J. Winer, Esq.
President Florida Workers Advocates (FWA)

"Synergy Lien Resolution Services was extremely knowledgeable and effective in assisting to reduce our client's insurance lien. They were a pleasure to work with, extremely professional, and went above and beyond the scope of our expectations. Many times, throughout our case, they worked after business hours to accommodate our needs. The end result was a huge savings for our client and we hope to utilize the Synergy again in the near future."

Joni Hautamaki
Didier Law Firm

WordPress Image Lightbox