Defendants have refused, despite numerous requests, to reimburse the Plan forbenefits the Plan paid on Heafner’s behalf out of Settlement Funds he received in connection withthe Accident. Defendants’ actions violate the terms of the Plan. …
“[T]he only issue before the Court is whether discovery regarding potential class members outside of the state of Pennsylvania is relevant to Plaintiff’s claims under ERISA. Aetna argues that this discovery is irrelevant because Plaintiff’s …
“As an initial matter, the Court notes that this case is somewhat unusual. As stated above, plans often contain reimbursement provisions which expressly entitle them to seek reimbursement from beneficiaries who receive both plan benefits …
. . . a claim that “allege[s] breach of contract and [seeks] money” but “[seeks] recovery through a constructive trust or equitable lien on a specifically identified fund” in the defendant’s possession and control is …
A Georgia U.S. district court has awarded summary judgment to an ERISA plan on its claims to reimbursement from funds acquired in a personal injury settlement. In the Eleventh Circuit, plan language must conform to …
The make-whole rule provides that an insurer cannot enforce its subrogation rights unless and until the insured [i. e., Farie] has been made whole by any recovery, including any payments from the insurer.” Copeland Oaks …
As a threshold matter, the Court recognizes that it is possible, even likely, that a significant portion of the settlement funds do–or, perhaps more accurately, will at some point in the future–belong to some of …
Unlike the subrogation clause analyzed in the Walker decision, the second part of the 1995-2006 SPD subrogation provision does not state in unambiguous terms what “the right to recover from the covered persons” encompasses; it …
he plaintiff also argues for dismissal of the counterclaim because MetLife seeks to recover funds received under the Social Security Act, which funds are protected from “execution, levy, attachment, garnishment, or other legal process.” See …
Courts have not uniformly resolved whether state common fund doctrines are expressly preempted by ERISA; some courts have found express preemption, while others have not. Many courts have simply concluded, without even performing a preemption …