ERISA – Appropriate Equitable Relief

By: Derek Hawkins//October 31, 2016//

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7^th Circuit Court of Appeals

Case Name: Central States, Southeast and Southwest Areas Health and Welfare Fund v. American International Group, Inc., et al.

Case No.: 15-2237

Officials: FLAUM, WILLIAMS, and SYKES, Circuit Judges.

Focus: ERISA – Appropriate Equitable Relief

A self-funded ERISA plan has sued several independent health insurers seeking reimbursement for medical expenses it paid on behalf of beneficiaries who were covered under both the plan and the insurers’ policies. We’re asked to decide whether a lawsuit like this one—a “coordination of benefits” dispute—seeks “appropriate equitable relief” under section 502(a)(3) of ERISA, 29 U.S.C. § 1132(a)(3). Six circuits have held that section 502(a)(3) does not authorize suits of this type because the relief sought is legal, not equitable. We join this consensus and affirm the dismissal of the ERISA plan’s suit.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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