The US Supreme Court [official website] heard oral arguments [transcript, PDF] Monday dealing with an Employee Retirement and Income Security Act of 1974 (ERISA) [text] fiduciary filing a lawsuit against a participant to recover overpayment. The court in Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan [docket] must determine whether a person with health insurance injured by an automobile accident must reimburse his insurer for medical expenses covered by the plan if he ultimately recovers from the other driver. The court granted certiorari to Robert Montanile after he was ordered by the US Court of Appeals for the Eleventh Circuit [official website] to pay over $120,000 back to his health benefit plan after he was awarded a settlement for his 2008 automobile accident. Montanile has asked that this requirement be reviewed [Law360 report] as he has already spent a great deal of the money on legal fees and care for himself and his young daughter.