ERISA plans—which cover over 150 million Americans—often want their money back from befuddled beneficiaries. Sometimes it is because of what the plan says is a mistaken overpayment; other times it is because a provision in the plan purports to obligate an injured beneficiary to hand over money he recovers from the third party tortfeasor that caused his injuries. In the aggregate billions of dollars are at stake, so it was with considerable interest that insurers and public interest groups followed Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan, No. 14-723, which asked whether a plan under ERISA may seek to recover funds from an injured beneficiary’s general assets.
Peter Stris argued the case for Robert Montanile. Hogan Lovells’ Neal Katyal, the former acting Solicitor General of the Obama administration, argued for the plan.
Related press coverage:
High Court Grills Health Plan Over Settlement in ERISA Suit (Law360, November 10, 2015) (subscription required)
High Court Will Address Tracing Requirement In Case Involving ERISA Benefit Overpayment (Daily Labor Report, March 31, 2015)
Supreme Court to hear case on insurer reimbursements (Modern Healthcare, March 30, 2015)