Podcast•Mar 9, 2026•15 min
Okaying a Premium Problem: When Voluntary Benefits Become Involuntary Lawsuits
In this episode, Ropes & Gray attorneys discuss a wave of new ERISA class actions targeting voluntary benefit plans such as accident, critical illness, and hospital indemnity insurance. The plaintiffs argue that employers and their brokers have breached fiduciary duties by endorsing these plans and receiving unreasonable compensation, challenging the Department of Labor’s safe‑harbor exemption. Experts David Kirshner and Harvey Cotton explain the legal criteria for the safe harbor, the risks of perceived employer endorsement, and the potential liability of brokers. They advise employers to review plan documentation, adjust communications, and monitor broker fees to stay within the safe harbor and mitigate exposure.
