Killian v. Concert Health Plan

I join the majority’s resolution of Mr. Killian’s claim for statutory penalties, but I am unable to join the majority’s resolution of the remaining claims. Therefore, with great respect for the opinion of my colleagues, I concur in part and dissent in part.

A

Mr. Killian claims that Mrs. Killian was entitled to benefits under the Royal Management Corporation Health Insurance Plan (the “Plan”). As the majority explains, we review a fiduciary’s decision to deny benefits under the abuse of discretion standard where, as here, the plan documents give the “fiduciary discretionary authority to…