CA1: Death and ERISA

Green v. Exxon Mobil Corp., No. 06-1452. In this tragic case, an employee who was eligible for a death benefit under an ERISA plan and could elect to receive an additional died before the election forms could reach him. Strangely enough the company’s plan sent a letter which stated that the family would be receiving the additional benefits. The insurer rejected the request for the additional benefits. Then, an Exxon lawyer said that the family could retroactively elect such benefits. Finally, the family got sick of this run around and sued. The court looks at the plan, and concludes the doctor really could never have retroactively elected, and there wasn’t any inequitable conduct, and no breach of a fiduciary duty occurred.