Gerosa v. Savasta

OPINION AND ORDER DENYING MOTION TO DISMISS

HELLERSTEIN, District Judge.

Plaintiffs, the trustees of an employee benefit fund, sue the fund’s actuary to recover damages caused by the actuary’s negligence. The actuary, in analyzing and reporting on the fund’s actual and expected experience, reported that the fund was over-funded and recommended to the trustees that they increase benefits payable to participants and beneficiaries. A year later, the actuary reported that it had erred, that the fund actually had been underfunded, and that the data that it had used to arrive at its erroneous report…