Breach Of Fiduciary Duty Claim Against Disability Insurer Not Foreclosed

Mealey's (June 6, 2023, 1:56 PM EDT) -- PASADENA, Calif. — A district court erred in entering judgment in favor of a disability insurer on a breach of fiduciary duty claim because the insurer was acting in a fiduciary function when it miscalculated the claimant’s long-term disability benefits, resulting in a more than $56,000 overpayment to the claimant, the Ninth Circuit U.S. Court of Appeals said in reversing the district court’s judgment....