Open Question: Refusing to pay life insurance claim, who should the family sue?

My employer has a third party administrator for our life insurance plan-basically they collect our premium and pay it to the carrier. In October, 2009 our life insurance changed to another carrier-not by our request. We had an employee on long-term disability before the change. We have a waiver of premium clause; however for reasons undetermined it was never applied for. My employer paid the