Sixth Circuit To Revisit Unprecedented Expansion Of ERISA Wrongful Denial Of Benefits Remedies

On December 6, 2013, in Rochow v. Life Insurance Company of North America, 737 F.3d 415 (6th Cir. 2013), the Sixth Circuit affirmed a district court ruling that an insurance company that improperly denied ERISA disability benefits must not only pay the benefits sought, but also disgorge its profits earned on those benefits. In that decision, a split panel of the Sixth Circuit held that ERISA's remedial provisions did not preclude a participant from seeking recovery of his wrongfully denied benefits under ERISA Section 502(a)(1)(B) as well as other equitable relief under ERISA Section 502(a)(3). However, Judge McKeague wrote a stinging dissent, arguing that the majority's ruling was "an unprecedented and extraordinary step to expand the scope of ERISA coverage" that was "contrary to clear Supreme Court and Sixth Circuit precedent."

After that decision, the insurance company sought a rehearing and review of the majority's ruling en banc, which involves a...