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222096P.pdf 02/23/2023 Kristina Powell v. Minnesota Life Insurance Co.
U.S. Court of Appeals Case No: 22-2096
U.S. District Court for the Northern District of Iowa - Eastern
[PUBLISHED] [Gruender, Author, with Benton and Shepherd, Circuit Judges]
Civil case - ERISA. A letter the insurer sent after it had not notified
plaintiff's decedent of his right to convert his policy did not modify the
terms of the Plan; nor did the letter extend the original conversion
period which had expired; the new period of conversion it did offer did
not apply because plaintiff's decedent died outside of the new window for
conversion; the district court properly dismissed plaintiff's Section
1132(a)(3) claim as the failure to notify decedent of his conversion
rights was not a breach of fiduciary duty as neither the plan documents
nor ERISA require such a notice.