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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND MID ATLANTIC MEDICAL SERVICES: INC., : Plaintiff : : v. : : JOEL SEREBOFF and MARLENE : SEREBOFF, : Defendants : ...o0o...

CIVIL NO. AMD 03-2269

MEMORANDUM OPINION Defendants Joel and Marlene Sereboff, residents of Maryland, were injured in a motor vehicle accident while visiting California. In consequence of their injuries, the ERISAcovered health insurance plan of which they were participants through Mrs. Sereboff's employer provided benefits in the amount of $74,869.37. In due course, the Sereboffs successfully prosecuted a civil action in California state court against the parties responsible for their injuries. Ultimately, they settled their claims for $750,000. Thereafter, upon the refusal by the Sereboffs to pay over a portion of their recovery to the health insurance plan in reimbursement for the benefits that had been provided, plaintiff Mid Atlantic Medical Services, Inc., the plan fiduciary, instituted this action against them pursuant to

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Maryland Law