Judge Nelson Román
Curran, and son C.F.C., were insureds under the TriNet Open Access Managed Plan. Aetna is the Plan’s underwriter, TriNet its administrator. C.F.C. underwent surgery in January 2011, for which $168,500 was sought under the Plan. Beginning April 7, Curran wrote to Aetna and TriNet seeking documents relating to the approval and subsequent rescission of $119,658 payment. The court partly dismissed her claims to impose ERISA §502(c) sanctions for failure to provide documents; recover damages for breach of fiduciary duty under ERISA §401(a)(1)(A), (B) and (D) against Aetna under ERISA §502(a)(3)(B); and to recover similar damages under ERISA §504(a)(1), (2) and (3) against TriNet under §502(a)(3)(B). Because TriNet was the Plan administrator, only TriNet was subject to statutory damages under ERISA §502(c). Due to court refusal to apply de facto test for administrators under ERISA, Aetna could not be de facto administrator, and sanctions under §502(c) could not be levied. In dismissing Curran’s claim for damages against TriNet for breach of fiduciary duty under ERISA §401(a)(1), (2) and (3) court determined that under Varity Corp. v. Howe, there was no “appropriate equitable relief” alleged that could not be adequately remedied by §502(a)(1)(B).
