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A Case Of Montanile V. Board Of Trustees Of The National Elevator Company

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Recommended: MONTANILE v. BOARD OF TRUSTEES OF THE NATIONAL ELEVATOR INDUSTRY HEALTH BENEFIT PLAN cite

In the court case of Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan, the Employee Retirement Income Security Act of 1974 was used to determine if an employee wrongfully received funds from a third party after receiving funds from the National Elevator Industry Health Benefits plan. In the court case, the petitioner Robert Montanile was driving when he was struck by a drunk driver resulting in Mr. Montanile be severely injured. The health benefit plan paid upwards in of $121,000 in medical expenses for Mr. Montanile. In order to receive such funds, Mr. Montanile was required to sign a reimbursement agreement reaffirming his obligation to reimburse the plan from any recovery he obtained "as a result of any legal action or settlement or otherwise. After exiting the hospital Mr. Monanile sought legal action against the drunk …show more content…

Ultimately Mr. Montanile won the lawsuit and was awarded $500,000 in a settlement.
Due to Mr. Monaile receiving a substantial settlement from his claim on for uninsured motorist, the Board of Trustees of the National Elevator Industry Health Benefit Plan filed a lawsuit under the Employee Retirement Income Security Act of 1974 to recoup medical expenses paid to Mr. Montanile. The District Court of Florida ruled in the favor of The Board of Trustees. The Board of Trustees argued the suit fell under the ERISA which allowed insurances plans "to obtain . . . appropriate equitable relief . . . to enforce . . . the terms of the plan.” The Board sought an equitable lien on any settlement funds or property in Montanile's possession and an order enjoining Montanile from dissipating any such funds. Montanile dispute the allegation by stating he had already spent the majority of the funds and there is no

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