Bunting Bearings Corp. v. Miller

ORDER

CARR, District Judge.

This is a claim for subrogation to enforce the terms of an ERISA employee welfare plan. The defendant, who received benefits under the plan following an accident, also recovered by way of settlement against the tortfeasor. The plan now seeks to be reimbursed for the monies it paid to the defendant.

The defendant has filed a motion to dismiss, claiming that no cause of action arises in favor of the plan under 29 U.S.C. § 1132(a)(3). According to the defendant, because § 1132(a)(3)(A). limits suits by fiduciaries, such as the plaintiff here, to injunctive or “other…