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Second Circuit Decision on Statute of Limitations Is Favorable to Health Plan Administrators
Hinshaw & Culbertson LLP 
June 8, 2021 "[W]hile the Second Circuit did not analyze what Cigna needed to prove to recover the alleged overpayments received by the labs under ERISA Section 1132(a)(3), the opinion states that showing fraud is unnecessary. It may be sufficient for the fiduciary to show that the payments were prohibited by the terms of the governing plan." [Connecticut General Life Ins. Co. v. Biohealth Labs, Inc., No. 20-2312 (2d Cir. Feb. 10, 2021)] MORE >> |
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