Insurer's Counterclaim For Return Of Overpayments Is Equitable, 2nd Circuit Rules

Insurer's Counterclaim For Return Of Overpayments Is Equitable, 2nd Circuit Rules

NEW YORK - A disability insurer's counterclaim seeking return of overpaid benefits is an action for "appropriate equitable relief" properly brought under Employee Retirement Income Security Act Section 502(a)(3), the Second Circuit U.S. Court of Appeals ruled March 13 (Sharon Thurber v. Aetna Life Insurance Company, Nos. 12-370-cv, 12-521-cv, 2nd Cir.; 2013 U.S. App. LEXIS 5022).

Access this news story on lexis.com®