Genworth Life and Health Ins. Co. v. Beverly

DECISION AND ORDER

GARY L. SHARPE, District Judge.

I. Background

This suit arises out of the alleged failure of defendant Trina Beverly (“Beverly”) to reimburse plaintiff Genworth Health and Life Insurance Company (“Genworth”) for $17,119.05 in disability benefit overpay-ments. These payments were made under an ERISA governed employee welfare-benefit plan between March 2004 and October 2005.

On May 3, 2007, Genworth commenced this action seeking damages and various equitable relief. (See Dkt. No. 1.) Beverly was personally served with process on July 23, 2007. (See Dkt. No. 5.) To date Beverly…