High Court Asked To Decide Whether Equitable Lien Is Enforceable Under ERISA

High Court Asked To Decide Whether Equitable Lien Is Enforceable Under ERISA

WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 7 requested a plan beneficiary to respond to a disability plan insurer's petition for review of a Ninth Circuit U.S. Court of Appeals' 2-1 ruling that the insurer may not enforce an equitable lien under the Employee Retirement Income Security Act against a beneficiary who agreed to reimburse the plan for any benefit overpayment if the funds are no longer in the beneficiary's possession (First Unum Life Insurance Company v. Leah Bilyeu, et al., No. 12-526, U.S. Sup.).

View related prior history, 2012 U.S. App. LEXIS 12554.

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