The court finds that Sun Life has failed to sufficiently allege that the particular funds to which it claims an entitlement to under the Plan’s reimbursement provision are funds belonging in good conscience to Sun Life and can clearly be traced to particular funds in plaintiff’s possession or control, such that the court could impose a constructive trust or equitable lien on such funds.
Martorello v. Sun Life Assur. Co., 2009 U.S. Dist. LEXIS 41465 (N.D. Cal. May 1, 2009)
This opinion illustrates the importance of the allegations in a complaint post-Sereboff in an ERISA subrogation action.