Insurance – Health — ERISA Plan – Tort/Negligence – Third-Party Tortfeasor – Settlement Proceeds – Equitable Lien

Insurance – Health — ERISA Plan – Tort/Negligence – Third-Party Tortfeasor – Settlement Proceeds – Equitable Lien (access required)

Tyson Foods, Inc. v. Macklin Although defendant claims that the settlement fund he received from a third-party tortfeasor has been dissipated, plaintiff’s lien attached at the moment of the fund’s creation, and plaintiff is entitled to reimbursement for accident-related payments or the value of the settlement fund, whichever is less, even if the settlement fund is not specifically traceable to defendant’s current assets because of commingling or dissipation.

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