Skip to main content
Find a Lawyer

Court of Appeals of New York


Federal Insurance Co. v. International Business Machines Corp., 20

In a suit in which an insurer requested a declaration that its policy provided no coverage for any amount payable by the insured in settlement of an ERISA action that represented attorneys' fees, the Appellate Division's grant of summary judgment to the insurer is affirmed, where the plain language of the policy did not cover the alleged violations of ERISA, as the insured was acting as a plan settlor and not as a fiduciary when it made the changes to the benefit plans that allegedly violated ERISA.

Appellate Information

  • Decided 02/21/2012
  • Published 02/21/2012

Judges

  • Lippman

Court

  • Court of Appeals of New York

Counsel

  • For Appellant:
  • Thomas H. Sear, Michael F. Perlis

Copied to clipboard