MBI Energy Services, Inc. v. Robert Hoch, 2018 U.S. Dist. LEXIS 32179 (D. N.D. Feb. 28, 2018) – ROS attorneys obtained summary judgment in favor of an ERISA plan after the participant refused to reimburse the plan pursuant to the Plan’s SPD. The participant argued that the SPD was not the governing Plan document and that an Administrative Services Contract—which was silent as to reimbursement—was the governing document. The Court, however, determined that the SPD governed the Plan’s right of reimbursement. The Court then granted summary judgment in favor of the Plan and awarded the Plan the full amount sought in this matter.
