United States Second Circuit

District court's ruling on parties' cross-motions for summary judgment in ERISA benefits dispute is: 1) affirmed in part, as to the grant of summary judgment to defendant-insurer on its denial of benefits to plaintiff, where defendant's reservation of discretion was sufficient to compel use of the arbitrary and capricious standard of review and defendant's determination was supported by substantial evidence; and 2) reversed in part, as to the denial of summary judgment on defendant's equitable restitution claim for overpaid short-term benefits, where defendant properly presented a claim for "appropriate equitable relief" under 29 U.S.C. section 1132(a)(3) over which the district court had subject matter jurisdiction.

Appellate Information

• Decided 03/13/2013
• Published 03/13/2013

Judges

• WESLEY

Court

• United States Second Circuit

Counsel