2nd Cir. Upholds Dismissal of Workers’ ERISA Violation Case Against Captive Reinsurer

NEW YORK — A federal appellate court has upheld dismissal of an action accusing a captive reinsurer of violating the Employee Retirement Income Security Act, agreeing with the trial court that the plaintiffs lack Article III standing because they did not suffer an “injury in fact."

On June 7, a panel of the 2nd Circuit U.S. Court of Appeals explained that the plaintiffs did not allege they were denied any health benefits promised under their ERISA health benefit plan, nor did they allege that the plan was insolvent or otherwise incapable of providing covered health benefits.

Plaintiffs are employees of …