Kim litigates claims involving denials of life, health, disability, pension, retiree medical, and severance benefits; breaches of fiduciary duty; prohibited transactions; and ERISA Section 510 violations on behalf of plans, plan sponsors, plan fiduciaries, and third party administrators. She has defended plan fiduciaries in fiduciary breach claims alleging failure to monitor and investigate service providers and prohibited transactions. She has also successfully defended several large companies in class actions and individual claims alleging improper reduction or denial of retiree health benefits. Kim represents life insurance companies and plans in interpleader matters involving competing claims for death benefits.
Kim routinely counsels plan administrators and fiduciaries on benefit claim administration, claim review procedures, fiduciary governance, COBRA compliance and benefit plan design.
- Achieved summary judgment for the subsidiary of a large manufacturing and engineering company in connection with the denial of retiree medical benefits under ERISA
- Achieved summary judgment for large food and beverage company in purported class action alleging improper reduction of retiree medical benefits
- Achieved summary judgment for numerous life, health disability, severance, and pension claim administrators and insurers in lawsuits alleging improper denials of benefit claims and breaches of fiduciary duty brought by plan participants and beneficiaries
- Obtained appellate court victory for large, multinational electronics company in class action lawsuit alleging improper reduction of retiree medical benefits
- Achieved summary judgment for a large multiemployer employee health and welfare trust fund in an ERISA fiduciary breach claim against a vision services provider that had improperly withheld more than $400,000 in fund assets
- Obtained numerous dismissals of duplicative fiduciary breach claims brought by plan participants against disability insurers and administrators in lawsuits involving the denial of ERISA disability claims
- Achieved several dismissals of benefit claim denial lawsuits as untimely under contractual or statutory limitation periods
- Represented life insurance companies and self-funded plans in interpleader matters involving competing claims for death benefits
- Defended large insurers in breach of contract and bad faith claims