Zisk
Zisk v. Gannett Co. Income Protection Plan
Opinion
Lead Opinion
Rogers, J.
Order Denying Motion To Dismiss Second Cause Op Action
Re: Dkt. No.
Plaintiff John Zisk (“Zisk”) filed suit bringing two causes of action under the Employee Retirement Income Security Act of 1974, as amended (“ERISA” or “the Act”), 29 U.S.C. § 1001 et seq. The first cause of action seeks to recover long-term disability (“LTD”) benefits from the Gan-nett Company Income Protection Plan (“the Plan”) pursuant to section 1132(a)(1)(B). The second cause of action is brought pursuant section 1132(a)(3) against Defendant Life Insurance Company of North America (“LINA”) as the fiduciary that administers claims against the Plan. In this cause of- action Zisk seeks to recover equitable relief in the form of an equitable surcharge on account of LINA’s alleged breach of fiduciary duty and mishandling of his claim. With respect to this second cause of action, LINA has filed a' Motion to Dismiss on the grounds that such a claim is not actionable against it and that the remedy Zisk seeks is unavailable as a matter of law.
Having carefully considered the papers submitted and the pleadings in this action, as well as the oral arguments of the parties at the October 14, 2014 hearing, and for…