Federal 7th Circuit Court
Civil Court
ERISA
Ct. of Appeals granted motion by plaintiff for attorney fees she incurred in her successful lawsuit under ERISA, in which plaintiff sought $92,000 in proceeds from accidental death and dismembership policy issued by defendant. Attorney fees are permitted under 29 USC section 1132(a)(1), where, as here, plaintiff achieved complete success on merits of her lawsuit, and plaintiff otherwise satisfied four out of five factors for awarding attorney fees under Raybourne, 700 F.3d 1076. Ct. further noted that fees were especially appropriate where defendant had denied plaintiff’s claim without medical evidence to support its denial.