Gillan Dale writes a featured article for the Winter 2010 DRI Life Health and Disability electronic newsletter.

"In Phelan v. Wyoming Associated Builders, 574 F.3d 1250 (10th Cir. 2009), the Tenth Circuit reviewed a breach of fiduciary duty claim brought against a trade association. The plaintiff’s former employer was a member of the defendant trade organization, which maintained a trust to provide health insurance benefits to the employees of its members. The plaintiff was diagnosed with bone cancer, and was about to submit a large claim to the trust relating to his cancer treatment. The trade organization terminated the membership of the plaintiff’s employer in the trust, claiming that the employer had submitted a payment that was both late and in the wrong form. The plaintiff’s benefits claim was then denied, and he brought claims against the trade organization and his employer, including a claim for breach of fiduciary duty under ERISA, 29 U.S.C. §1132(a)(3)."