July 01, 2004

The Supreme Court’s Concept of Equitable Relief in Great-West v. Knudson (2004, 18:04)

The Supreme Court’s Concept of Equitable Relief in Great-West v. Knudson

Probate and Property, July/August 2004, Volume 18, Number 4

By Bart A. Karwath and Lee T. Polk
Bart A. Karwath is a partner in the Indianapolis office and Lee T. Polk is a partner in the Chicago office of Barnes & Thornburg.

Employer-sponsored group health plans cover tens of millions of American workers. Unlike medical insurance sponsored by a governmental employer, most group health plans are governed by the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§ 1001 et seq. (ERISA). In an era of escalating insurance costs, both employers and employees have a major stake in the financial stability of these plans. When a health plan participant or beneficiary suffers a personal injury and recovers from a tortfeasor through settlement or judgment, the plan typically will have already paid out large sums for medical costs. Plans typically seek to recoup the costs incurred for medical treatment from the amount recovered from the tortfeasor by the plan participant.

 

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