BOSTON – An ERISA-governed disability insurer can proceed with its counterclaim against its disability insured seeking reimbursement of benefit overpayments in light of a retroactive Social Security disability income award, a Massachusetts federal judge ruled Feb. 3 (Nancy Bigda Parent v. Principal Life Insurance Co., et al., No. 10-30055, D. Mass.; 2011 U.S. Dist. LEXIS 10600).
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