Topic
Subrogation
278 published works
Insurance
SPD can be governing plan document when there is no actual plan
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…
British Columbia Insurance Blog
A Subrogated Claim against an Employee Common to both Plaintiff and Defendant is Bound to Fail
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…
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…
Legal Profession Blog
Lien Times In Florida
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…
CAFA Law Blog
District Court Holds Home State Exception Requires Evidence and Allows Discovery
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…
British Columbia Insurance Blog
An Extra-provincial Insurer has no Right to bring a Subrogated Claim to Recover Amounts Paid
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…
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…
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…
Ohio Appellate Insights
Another Dismissal as Improvidently Allowed. Ohio Bur. of Workers’ Comp. v. McKinley
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…
Employment & Labor
Plan Manager Was Not a Fiduciary For Purposes of Subrogation Claim Standing
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…