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Supreme Court Declines to Review Decision Allowing Equitable Recoupment of Benefit Overpayments
Wolters Kluwer Law & Business Link to more items from this source
June 28, 2014
"The U.S. Supreme Court has denied an ERISA plan beneficiary's request to clarify whether an ERISA plan could enforce an equitable lien for benefit overpayments where the plan had not identified a fund that was in the possession and control of the plan participant at the time the plan asserted its lien.... The Second Circuit ... [found] that because Aetna had the right to reduce the insured's short-term disability benefits at the time she received them, Aetna retained the right under its subrogation provision to compel return of the overpayments." [Thurber v. Aetna Life Ins. Co. No. 12-370 (2d Cir. Mar. 13, 2013; cert. denied June 9, 2014)]

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