Wednesday, December 11th, 2013

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Rochow v LINA – 6th Circuit Rules For ERISA Claimant, Ordering Insurance Co. to Pay $3.8 Million in profits to Claimant in Addition to Lost Benefits.

The 6th Circuit Court of Appeals has held that an insurance company (LINA)  had acted in an arbitrary and capricious manner when it denied Daniel Rochow benefits.  The Court upheld an award for lost benefits and an order for LINA to disgorge $3.8 million in profits to Mr. Rochow under an equitable theory of unjust enrichment.  The full opinion is available here: 13a0338p-06.pdf.