Marsh & McLennan Must Face Health Plan Fiduciary Breach Case

Health plan consulting firm Marsh & McLennan Agency LLC must face allegations it violated fiduciary duties and pocketed illegal funds from frozen food manufacturer Oregon Potato Co., a federal judge in Washington ruled Monday.

OPC sued Marsh & McLennan in October, alleging the firm paid itself excessive fees under the Employee Retirement Income Security Act. OPC alleged the consultancy’s employee Darrell Strong and his firm DWS Holdings LLC illegally retained plan funds after OPC fired them, and pocketed more than $2.7 million in management fees over a two-year period.

Employers have struggled to prove that consultants, insurance companies, and other ...