United States Third Circuit

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Estate of Kensinger v. URL Pharma, Inc., 10-4525

In an action by a decedent's estate against an ERISA plan administrator and the decedent's ex-wife, who was a named beneficiary on her ex-husband's 401(k) plan, seeking a declaration that the decedent's estate was entitled to the funds in the 401(k) account because of a waiver signed by the ex-wife as part of a property settlement upon divorce, the district court's grant of summary judgment to the defendants is: 1) affirmed in part, as the plan was required to distribute the funds to the ex-wife as the named beneficiary; but 2) reversed in part, as the estate could sue the ex-wife to enforce her waiver and recover the disputed plan proceeds.

Appellate Information

  • Decided 03/20/2012
  • Published 03/20/2012


  • Barry


  • United States Third Circuit


  • For Appellant:
  • Lori M. McNeely, Michael S. Rothmel

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