Caroline Burton v. Colorado Access, A/k/a Colorado Access Long Term Disability Plan, Brenda Olivar v. Public Service…

Summary

The court affirmed decisions vacating default judgments against two ERISA plans and granting the plans summary judgment. It held that service on the Labor Secretary is a substitute method available only when the plan has not designated a plan administrator or other agent for service, including a corporate agent; void judgments may be set aside at any time; and an insurer is the proper defendant when it alone determines eligibility and must pay benefits.