Unum Life Insurance Company of America v. Sperle, Lisa

Filing 5

ORDER Regarding Jurisdiction. Unum has alleged a basis for the court's subject matter jurisdiction, and the court accepts Unum's amended complaint. Signed by District Judge James D. Peterson on 7/24/2017. (kwf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

UNUM LIFE INSURANCE COMPANY OF
AMERICA,
Plaintiff,

ORDER

v.
17-cv-440-jdp
LISA C. SPERLE,
Defendant.
On June 13, 2017, the court ordered plaintiff Unum Life Insurance Company of
America to explain how its claims against defendant Lisa C. Sperle arise under ERISA. Dkt. 3.
The court afforded Unum the opportunity to file an amended complaint that establishes the
court’s subject matter jurisdiction.
Unum has filed an amended complaint. Dkt. 4. Now Unum alleges that its claims arise
under 29 U.S.C. § 1132(a)(3), which provides that “a participant, beneficiary, or fiduciary”
may bring a civil action under ERISA “(A) to enjoin any act or practice which violates any
provision of this subchapter or the terms of the plan, or (B) to obtain other appropriate
equitable relief (i) to redress such violations or (ii) to enforce any provisions of this subchapter
or the terms of the plan.” And Unum had added a claim for an “equitable lien,” alleging that
“[e]quity demands that a constructive trust be placed over the overpaid [long term disability]
benefits and/or any real or personal property obtained by Defendant through use of the
overpaid LTD benefits.” Id. ¶ 23.
Unum brings claims against Sperle for violations of and to enforce the terms of an
employee benefit plan that it administers, and it seeks equitable relief. At this point, Unum

has alleged a basis for the court’s subject matter jurisdiction, and the court accepts Unum’s
amended complaint.
Entered July 24, 2017.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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