The Supreme Court’s recent decision in Sereboff v. Mid-Atlantic Med. Servs., Inc., 126 S. Ct. 1869 (2006), involved the question of what “appropriate equitable relief” is available under Section 502(a)(3) of ERISA. The health insurance carrier in Sereboff brought a restitution claim under this ERISA enforcement provision.

The carrier sought to enforce a subrogation lien on tort settlement proceeds obtained by the Sereboffs, who were participants in a health plan maintained by the carrier. The carrier identified the Sereboffs’ settlement proceeds as property over which it sought to impose a constructive trust.


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