Claimant Permitted To Pursue Breach Of Fiduciary Claim, Arizona Federal Judge Rules
(January 13, 2016, 1:11 PM EST) -- PHOENIX — A disability claimant can pursue a wrongful denial of benefits claim and a breach of fiduciary claim because the claims are not “clearly duplicative” and the equitable remedies for each claim are different, an Arizona federal judge said Jan. 11 in denying the plan insurer’s motion to dismiss (Cynthia Susan Mullin v. Scottsdale Healthcare Corporation Long Term Disability Plan, et al., No. 15-01547, D. Ariz.; 2016 U.S. Dist. LEXIS 2927).
(Opinion available. Document #17-160208-001Z.)
Cynthia Mullin filed suit in the U.S. District Court for...