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Topic

Subrogation

278 published works

  1. Insurance

    SPD can be governing plan document when there is no actual plan

    By Patrick Begos

    Bd. of Trustees v. Moore, 800 F.3d 214 (6th Cir. 2015), considered whether a summary plan description (SPD) that was the only document containing a subrogation provision was a binding…

  2. British Columbia Insurance Blog

    A Subrogated Claim against an Employee Common to both Plaintiff and Defendant is Bound to Fail

    By Michael Thomas

    A subrogated claim against an individual and corporate entities was dismissed after the court found both the defendants and the plaintiff were the common employers of the individual who actually…

  3. Boom: The ERISA Law Blog

    ERISA – Subrogation: Summary Plan Descriptions Can Be A “Controlling Document” Requiring Reimbursement… Sometimes

    By Mike Reilly

    You already know that when a Summary Plan Description conflicts with ERISA plan language, the ERISA plan language controls. But what happens when all you have is a Summary Plan…

  4. Legal Profession Blog

    Lien Times In Florida

    By Michael Frisch

    From sunEthics (the premier Florida ethics blog)In 2012 the Supreme Court rejected a proposal from the Bar that would have allowed a personal injury lawyer handling a case that required…

  5. CAFA Law Blog

    District Court Holds Home State Exception Requires Evidence and Allows Discovery

    By John T. Rouse

    Roche v Aetna Health Inc., 2014 WL 1309963 (D.N.J. March 31, 2014). The plaintiff, New Jersey citizen, who was injured in a motor vehicle accident, brought a putative class action…

  6. British Columbia Insurance Blog

    An Extra-provincial Insurer has no Right to bring a Subrogated Claim to Recover Amounts Paid

    By Michael Thomas

    An extra provincial insurer has no express statutory right of subrogation under the Insurance (Vehicle) Act and cannot bring a subrogated claim to recover the amounts it paid to its…

  7. Property Insurance Coverage Law Blog

    Texas Insurers Acting in Bad Faith During Subrogation

    By Chip Merlin

    Insurance companies in Texas are one of the most litigious entities, filing lawsuits and making tort subrogation claims after paying policyholders for first-party property damage claims. Claims departments incentivize and…

  8. Compensation & Benefits Blog

    Sixth Circuit Enforces Subrogation Clause

    By Neil V. Shah

    The Sixth Circuit rejected a participant’s argument that the plan’s subrogation provision was not enforceable because it was only in the plan’s summary plan description, and not in the trust…

  9. Ohio Appellate Insights

    Another Dismissal as Improvidently Allowed. Ohio Bur. of Workers’ Comp. v. McKinley

    By Marianna Bettman

    On July 23, 2015, by a vote of 5-2, the Supreme Court of Ohio dismissed as improvidently allowed Ohio Bur. of Workers’ Comp. v. McKinley, Slip Opinion No. 2015-Ohio-2927. Justices…

  10. Employment & Labor

    Plan Manager Was Not a Fiduciary For Purposes of Subrogation Claim Standing

    By Patrick Begos

    In Humana Health Plan, Inc. v. Nguyen, 785 F.3d 1023 (5th Cir. 2015), Humana entered into a Plan Management Agreement (“PMA”) with the API Enterprises Employee Benefits Plan. The PMA…