What is the test for a plaintiff to bring a claim under section 1132(a)(1)(B) of the Health Care Act?

MultiRegion, United States of America

The following excerpt is from Warmenhoven v. NetApp, Inc., 19-16960 (9th Cir. 2021):

Section 1132(a)(1)(B) "provides a right of action for plan participants or beneficiaries 'to recover benefits due . . . under the terms of [a] plan, to enforce [ ] rights under the terms of the plan, or to clarify [ ] rights to future benefits under the terms of the plan.'" Doe v. CVS Pharmacy, Inc., 982 F.3d 1204, 1213 (9th Cir. 2020) (alterations in original) (quoting 29 U.S.C. 1132(a)(1)(B)), cert. granted, __ S.Ct. __, 2021 WL 2742790 (July 2, 2021). The plaintiff bears the burden of proof on a 1132(a)(1)(B) claim. See Muniz v. Amec Constr. Mgmt., Inc., 623 F.3d 1290, 1294 (9th Cir. 2010).

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