By The Global Compensation, Benefits & ERISA Practice Group on Oct 08, 2014
Posted in ERISA Litigation
In AirTran Airways, Inc. v. Elem, et al., 2014 WL 4694776 (11th Cir. 2014), a welfare plan sued a participant and her personal injury attorney to recover funds the plan paid for medical expenses after the participant received a settlement from the car accident that gave rise to the medical expenses. The Eleventh Circuit held that the plan terms unambiguously created an equitable lien against the settlement funds up to the amount of benefits the plan had paid.