Supreme Court of Colorado

Caroline Burton, Petitioner v. Colorado Access, A/k/a Colorado Access Long Term Disability Plan, Respondent. Brenda…

February 12, 2018410 P.3d 1255

Summary

The court affirmed judgments setting aside default judgments against two ERISA plans because service on the Labor Secretary was ineffective when the plans had designated corporate administrators and agents for service of process. It held that a judgment void for lack of personal jurisdiction may be challenged at any time. The court also held that, where insurers alone determine eligibility and owe benefits under the plan terms, the insurers—not the plans—are the only proper defendants in claims for benefits due.