Participant May Seek Money Damages As Equitable Relief, 7th Circuit Holds

Participant May Seek Money Damages As Equitable Relief, 7th Circuit Holds

CHICAGO - "Appropriate equitable relief" available under Employee Retirement Income Security Act Section 502(a)(3) includes a make-whole recovery of the expenses a plan participant incurred as the direct result of a fiduciary's breach by misrepresenting the plan's coverage, the Seventh Circuit U.S. Court of Appeals ruled June 13, citing the U.S. Supreme Court's ruling in Cigna Corp. v. Amara (131 S.Ct. 1866 $(2011$)) (Deborah A. Kenseth v. Dean Health Plan, Inc., No. 11-1560, 7th Cir.; 2013 U.S. App. LEXIS 12083).

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