Insurer's Claim for Overpaid Benefits Permitted under ERISA: Second Circuit | Practical Law
The US Court of Appeals for the Second Circuit ruled in Thurber v. Aetna Life Ins. Co. that an insurer could prevail on its restitution claim for overpaid disability benefits, brought under Section 502(a)(3) of the Employee Retirement Income Security Act (ERISA), because the claim was for equitable relief, rather than legal, and therefore permitted under ERISA.