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Fifth Circuit Rules that Changed Basis for Denying Claim Violated ERISA § 503

By The ERISA Litigation Group on February 1, 2013

In Rossi v. Precision Drilling Oilfield Services Corp. Employee Benefit Plan, 2013 WL 85910 (5th Cir. Jan. 8, 2013), the Fifth Circuit held that defendant violated ERISA § 503 by changing its basis for denying plaintiff medical coverage, because doing so prevented plaintiff from having a meaningful review of the denial of benefits. The court thus reversed the district court’s grant of summary judgment and remanded the case to the plan administrator to determine whether the care plaintiff sought was covered under the plan.

  • Posted in:
    Employment & Labor
  • Blog:
    Employee Benefits & Executive Compensation Blog
  • Organization:
    Proskauer Rose LLP
  • Article: View Original Source

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