Topic: (1) that the defendant is a plan fiduciary; (2) that the de… · Go Syfert
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Topic #19172

4 canonical passages across 2 cases, quoted by 21 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Kenseth v. DEAN HEALTH PLAN, INC..

#Case FlagCanonical passage Citers
1 Kenseth v. DEAN HEALTH PLAN, INC. Anchor
ca7 · 2010
green “(1) that the defendant is a plan fiduciary; (2) that the defendant breached its fiduciary duty; and (3) that the breach resulted in harm to the plaintiff.” 9
2 Kenseth v. DEAN HEALTH PLAN, INC.
ca7 · 2010
green “a claim for breach of fiduciary duty under erisa requires the plaintiff to prove: (1) that the defendant is a plan fiduciary; (2) that the defendant breached its fiduciary duty; and (3) that the breach resulted in harm to the plaintiff.” 5
3 Kenseth v. DEAN HEALTH PLAN, INC.
ca7 · 2010
green “once an erisa beneficiary has requested information from an erisa fiduciary who is aware of the beneficiary's status and situation, the fiduciary has an obligation to convey complete and accurate information material to the beneficiary's circumstance, even if that requires conve…” 4
4 Tamyra S. Bowerman v. Wal-Mart Stores, Incorporated and Associates' Health and Welfare Plan
ca7 · 2000
green “was then exacerbated by the fiduciary's agents when the beneficiary inquired about her coverage.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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