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YOUNGER v. ZURICH AMERICAN INSURANCE COMPANY

No. 11 Civ. 1173 (TPG).

RACHEL YOUNGER, Plaintiff, v. ZURICH AMERICAN INSURANCE COMPANY, et al., Defendants.

United States District Court, S.D. New York.

March 26, 2012.

Attorney(s) appearing for the Case

Andrew I. Hamelsky , White and Williams, LLP(NYC) representing Zurich American Insurance Company (Defendant).

Christopher Heyer , Scura, Mealey, Wigfield & Heyer, L.L.P. representing UBS Financial Services, Inc. (Defendant), Pro Hac Vice.

Cye Ellis Ross , representing Rachel Younger (Plaintiff).

John J. Scura, II , Scura, Mealey, Wigfield & Heyer, LLP representing UBS Financial Services, Inc. (Defendant).

Rafael Vergara , White and Williams, LLP(NYC) representing Zurich American Insurance Company (Defendant).

OPINION

THOMAS P. GRIESA, District Judge.

Plaintiff Rachel Younger brought this suit after UBS Financial Services, Inc. denied her a death benefit under its employee benefits plan. Plaintiff brings three claims that seek the payment of benefits under UBS's employee benefits plan. The first relies on the terms of the plan as currently written, the second seeks reformation of the plan, and the third alleges a breach of fiduciary duty...

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