Life Insurance Co. Supreme Court and by the Sixth Circuit Court of Appeals.The appeals panel agreed to rehear the long running dispute after a district court in 2012 ordered the carrier to profits from the wrongful denial of benefits under the Employee Retirement Income Security Act (ERISA).McKeague, however, said that Rochow had indeed been whole under ERISA when the appeals court had previously found that the estate was entitled to recovery of disability benefits, attorney fees and prejudgment interest.Rochow estate has already recovered $720,000 in benefits. Earlier this month, the appeals court ordered the district court to decide how much interest the life insurance carrier will pay in the long running dispute.But in a dissenting opinion, appellate judge Jane Branstetter Stranch found that Rochow suffered two injuries at the hands of the carrier.injured Rochow in two distinct ways: by arbitrarily and capriciously denying his disability benefit and by breaching its fiduciary duties to him, Stranch wrote.
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