10th Circuit OKs Insurer’s Reliance On PBA, Upholds Dismissal Under ERISA

Mealey's (September 23, 2021, 1:12 PM EDT) -- DENVER — A federal judge in Oklahoma did not err in ruling that an insurer’s decision to rely on a preference beneficiary affidavit (PBA) “was reasonable given that it had no reason to doubt” the sworn statement, a 10th Circuit U.S. Court of Appeals panel said Sept. 20 in an unpublished ruling, affirming the lower court’s grant of dismissal for failure to state a claim under the Employee Retirement Income Security Act....