Topic
Subrogation
278 published works
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…
Ohio Appellate Insights
What’s On Their Minds: Responsibility for Subrogation Lien in a Personal Injury Settlement. Ohio Bureau of Workers’ Compensation v. Jeffrey McKinley and Heritage-WTI, Inc., et al.
Update: On July 23, 2015, the court dismissed this case as improvidently accepted. “Isn’t this a textbook example of a lawyer for the Bureau just dropping the ball-- making a…
Ohio Appellate Insights
Oral Argument Preview: Responsibility for Subrogation Lien in a Personal Injury Settlement. Ohio Bureau of Workers’ Compensation v. Jeffrey McKinley and Heritage-WTI, Inc., et al.
Update: On July 23, 2015, the court dismissed this case as improvidently accepted. Read an analysis of the oral argument here. On June 23, 2015, the Supreme Court of Ohio…
Health Law
OPM Proposes New FEHB Rules on Subrogation, Post Termination Enrollment, and Rate Setting for Community-Rated Plans
By Arthur N. Lerner, Christine M. Clements
This week, the U.S. Office of Personnel Management (“OPM”) published three notices of proposed rulemaking (“NPRMs”) regarding the administration of the Federal Employees Health Benefits (“FEHB”) Program. The FEHB Program…
Louisiana Law Blog
Fifth Circuit Recognizes Subrogation Lien In Jones Act Case
By Amanda Lowe
In Chenevert v. Travelers Indemnity Co., No. 13-60119 (5th Cir. March 7, 2014), the Fifth Circuit formally recognized that an insurer providing and making voluntary payments to an injured employee…
Compensation & Benefits Blog
Eleventh Circuit Enforces Subrogation Clause
The Eleventh Circuit recently concluded that Robert Montanile, a welfare plan participant, could not avoid reimbursing the National Elevator Industry Health Benefit Plan for benefits it paid on his behalf…
Real Estate Legal Update
(US) Subrogation Waivers: They Can Protect Both The Landlord and Tenant
Subrogation is the principle under which an insurer that has paid a loss under an insurance policy is entitled to all of the rights and remedies belonging to the insured…
British Columbia Insurance Blog
The existance of subrogated action in insured’s name in Alberta for property damage was…
The existance of subrogated action in insured's name in Alberta for property damage was not a bar to insured's claim for personal injuries in Ontario. Kelly v. Horn, [2014] O.J.…
Personal Injury Law Journal
Ethical Issues Regarding Self Funded, ERISA Covered Health Benefit Plans and Subrogation Agreements
Recently, the New Jersey Advisory Committee on Professional Ethics addressed whether a lawyer who represents plaintiffs in personal injury lawsuits can be required to personally guarantee a client's failure to…
Class Actions Insider
Subrogation Class Action Involving Climate Change-Related Claims Filed By Farmers Insurance
By Wystan Ackerman, Wystan Ackerman
Illinois Farmers Insurance Company and Farmers Insurance Exchange recently filed in the Illinois Circuit Court for Cook County a putative class action against various municipalities and the Metropolitan Water Reclamation…