No. 12-1581.

725 F.3d 406 (2013)

Connie J. EDMONSON, individually and on behalf of all others similarly situated v. LINCOLN NATIONAL LIFE INSURANCE COMPANY.

United States Court of Appeals, Third Circuit.

Filed: August 7, 2013.

Attorney(s) appearing for the Case

M. Scott Barrett, Esq. , Barrett & Associates, Bloomington, IN, John C. Bell, Jr., Esq. (argued), Lee W. Brigham, Esq. , Bell & Brigham, Augusta, GA, Jeffrey G. Casurella, Esq. , Atlanta, GA, Cary L. Flitter, Esq. , Flitter Lorenz, Narberth, PA, for Appellant Connie J. Edmonson.

David H. Pittinsky, Esq. (argued), Joel E. Tasca, Esq. , Ruth S. Uselton, Esq. , Ballard Spahr, Philadelphia, PA, for Appellee Lincoln National Life Insurance Company.

Waldemar J. Pflepsen, Jr. Esq. , Jorden Burt, Washington, DC, for Amicus Curiae American Council of Life Insurers.

Before: SCIRICA, FISHER, and JORDAN, Circuit Judges.


SCIRICA, Circuit Judge.

Plaintiff Connie Edmonson was a beneficiary of a life insurance plan established by her employer and governed by the Employee Retirement Income Security Act of 1974 (ERISA). Defendant Lincoln National Life Insurance Co. chose to pay her benefits using a retained asset account, which allowed it to hold onto the benefits and invest them for its own profit until Edmonson affirmatively chose to withdraw them from...

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