The Employee Retirement Income Security Act is a federal law that governs claims for benefits under most insurance plans sponsored by private employers. ERISA provides a cause of action for the denial of benefits in 29 U.S.C. § 1132(a)(1)(B). It also provides for a cause of action for breach of fiduciary duty in 29 U.S.C § 1132(a)(3).  The latter provision can provide relief if for example an employer misrepresents eligibility for benefits or the kind of benefits available to an employee or beneficiary’s detriment.

Claims under 29 U.S.C § 1132(a)(3) are important remedy for ERISA insureds and beneficiaries under employer-provided long-term disability and life insurance plans. Breach of fiduciary duty claims do not require exhaustion of administrative remedies like claims for benefits under 29 U.S.C. § 1132(a)(1)(B). However, because breach of fiduciary duty claims are very fact-sensitive and must be brought in a lawsuit, they usually require a lawyer’s help.

The Pellegrin Firm is a law firm in Metairie, Louisiana, that represents ERISA beneficiaries in life insurance and long-term disability claims and has handled several ERISA breach of fiduciary duty claims in federal courts. The Pellegrin Firm represents people throughout the New Orleans area and throughout the State of Louisiana. The Pellegrin Firm can be reached at (504) 405-3245 or via email at info@pellegrinfirm.com.