Humana Health Plan, Inc. v. Patrick Nguyen

I respectfully dissent in the firm conviction that the record evidence, as presented *1031to the district court on summary judgment, compels affirmance of its holdings that (1) Humana is a fiduciary with statutory standing to bring an action under 29 U.S.C. § 1132(a)(3) on behalf of the Plan, and (2) Humana lawfully exercised its discretion, as authorized by the Plan, to recover the funds that Nguyen had received by virtue of underinsured motorists insurance.

I. Standing

As noted in the majority opinion, Humana is designated as the Plan Manager for API’s ERISA health benefits plan. The PMA states:

[Hu…