Case: Retirement Plans/Procedure (D. Mass.)

The District of Massachusetts denied Arrow Mutual Liability Insurance Company and The Arrow Mutual 401(k) Plan’s motion to dismiss this ERISA action alleging wrongful withholding of Arrow’s late President and CEO’s employer contribution sub-account. The denied the motion to dismiss because the beneficiary exhausted her administrative remedies, but stayed the action pending resolution of Arrow’s counterclaim for conversion in a state action.