Supreme Court Limits ERISA Reimbursement Rights: Insurers Will Need to be Diligent

Bradley Arant Boult Cummings LLP
Contact

ALFA International Insurance Client Update - April 19, 2016
On January 20, 2016, the United States Supreme Court held that an ERISA plan could not satisfy its reimbursement rights from a participant’s general assets. ERISA plans’ reimbursement rights are now so limited that participants, who are the insureds for plans funded by insurance, should be expected to seek to avoid reimbursing funds. So, insurers of ERISA plans will have to take prompt actions to enforce a plan’s reimbursement rights, including possibly intervening in an insured’s lawsuit against third parties.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Bradley Arant Boult Cummings LLP | Attorney Advertising

Written by:

Bradley Arant Boult Cummings LLP
Contact
more
less

Bradley Arant Boult Cummings LLP on:

Reporters on Deadline

Related Case Law

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.