Abstract
The article examines whether a participant in an ERISA-governed plan may recover consequential and punitive damages in addition to the amount of the benefit specified by the express terms of the plan document. Most court decisions have concluded that such damages are not recoverable based on a Supreme Court decision containing an erroneous version of the legislative history. Based on the correct version of the legislative history, the article asserts that ERISA provides participants recovery for these extracontractual damages in certain situations, just as if the benefits-due lawsuit were brought under either contract law or trust law.
How to Cite
36 Ariz. L. Rev. 611 (1994)
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