Renaker Hasselman Scott, along with co-counsel Kantor & Kantor, filed suit on behalf of participants in the Motion Picture Industry Health Plan who were wrongfully dropped from their health insurance when the plan’s Board of Directors extended coronavirus relief to some, but not all, plan participants. The plan requires that participants work a certain number of hours in order to have health coverage. When the pandemic shut down the motion picture industry-wide, the Board of Directors voted to extend relief in the form of a 300-hour credit, health insurance premium waiver, and COBRA subsidy to some, but not all, plan participants. In doing so, the Board excluded plaintiffs Greg Endries and Dee Nichols, and others similarly situated, in violation of ERISA’s duty of loyalty, which requires plan fiduciaries to treat all participants fairly and to not arbitrarily favor one group over another.
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