Take Your Money and Run! Montanile Changes Subrogation – How Will You Respond? On January 20, 2016, The Supreme Court of the United States decided in favor of the plan participant in the case of Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan (Click here to read the decision). The Supreme Court held that the Plan could not recover from Montanile, the plan participant, after he received a third party settlement and spent the money. Third party recovery just got much more difficult. If benefit plans don’t have air-tight language, and if they fail to proactively intervene before a plan participant spends settlement proceeds, the Supreme Court has indicated that the benefit plan is left with no recourse. For this reason, those without substantial resources dedicated to the pursuit will have a much more difficult time ensuring that their clients’ rights are enforced.