Judge: Insurer’s Counterclaims Legal In Nature, Unavailable Under ERISA

Mealey's (July 26, 2022, 12:30 PM EDT) -- PHILADELPHIA — An insurer’s counterclaim seeking alleged overpayments it made on genetic testing claims seeks purely legal remedies and not the equitable remedies available under the Employee Retirement Income Security Act Section 502(a)(3), a federal judge in Pennsylvania said July 22 in dismissing the claim....