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Topic

Subrogation

278 published works

  1. 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…

  2. 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.

    By Marianna Bettman

    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…

  3. 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.

    By Marianna Bettman

    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…

  4. 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…

  5. 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…

  6. Compensation & Benefits Blog

    Eleventh Circuit Enforces Subrogation Clause

    By Lindsey Chopin

    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…

  7. Real Estate Legal Update

    (US) Subrogation Waivers: They Can Protect Both The Landlord and Tenant

    By Jennifer Magalhaes Cuddy

    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…

  8. British Columbia Insurance Blog

    The existance of subrogated action in insured’s name in Alberta for property damage was…

    By Michael Thomas

    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.…

  9. Personal Injury Law Journal

    Ethical Issues Regarding Self Funded, ERISA Covered Health Benefit Plans and Subrogation Agreements

    By Michael G. Donahue

    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…

  10. 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…