Wausau Benefits v. Progressive Insurance

OPINION AND ORDER

KING, United States Magistrate Judge.

This is an action for a constructive trust and equitable lien to restore assets to the Kohl’s Department Stores Employee Benefit Plan (hereinafter “Plan”) in connection with benefits paid on behalf of the participant insureds, defendants Carrie and Bradford Miller (hereinafter “the Millers”), for injuries allegedly caused by defendant Driggers’ negligence, for which defendant Progressive Insurance Company (hereinafter “Progressive”) provided insurance coverage. Plaintiffs also seek subro- gation directly from defendant Driggers. With the…