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Equity Aids the Vigilant: The Supreme Court's Montanile Decision And Its Lessons for ERISA Plans' Efforts To Recover Medical Payments

February 12, 2016

By Igor V. Timofeyev, Eric R. Keller & Mark Poerio

After the U.S. Supreme Court’s opinion in Board of Trustees of the National Elevator Industry Health Benefit Plan holding that ERISA prohibits suits by benefits plans where the beneficiary spent the settlement money on nontraceable items, lawyers from Paul Hastings suggest that plans enhance their monitoring efforts, review the adequacy of their subrogation clauses and act promptly when seeking reimbursement from plan participants.

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