Tag

Fiduciary Liability

What the Newest Set of ERISA Lawsuits Could Mean for Your Organization

By Employee Benefits, Legislative Updates
On December 23, 2025, Schlichter Bogard LLC filed its first healthcare ERISA cases against United Airlines, Labcorp, CHS, and Universal Services over voluntary benefits. This is the same firm with three unanimous Supreme Court victories, over $750 million in settlements, and an estimated $2.8 billion annual reduction in 401(k) fees. Each case generally alleges that the employers and their benefits brokers breached their ERISA fiduciary duties and caused the participants to pay excessive premiums due to failures in: engaging in a prudent process when selecting insurance offerings; monitoring the commissions received by the benefits brokers; and monitoring the loss ratios on…
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The Impact of Specialty Risk Consultations – A Kapnick Case Study

By Case Studies, Specialty Risk
Kapnick’s Specialty Risk experts provided a detailed management liability coverage consultation to help a real client fully understand how their policies would respond to claims. This consultation reduced risks and added value to their business. THE PROBLEM A large manufacturing client had a suite of management liability policies, including Directors & Officers (D&O), Employment Practices Liability, Fiduciary Liability, Cyber, and more. However, their leadership team struggled with the complex terms in the policies. They also didn’t fully understand how coverage would work during a claim. THE SOLUTION To address this, Kapnick’s experts scheduled a thorough management liability coverage consultation with the company’s legal counsel.…
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