From Roger Baron: Revictimization of Personal Injury Victims By ERISA Subrogation
Reprinted with permission from Roger Baron
“Subrogation on personal injury claims by a health insurer was universally prohibited by law when Congress enacted ERISA in 1974. Â Seizing upon the notion of ERISA preemption, ERISA plans and related insurers have manufactured …
US Airways v. McCutchen – Equitable Defenses Limit ERISA’s “Appropriate Equitable Relief”
By Stacey N. Jiunto, Esq. – Staff Lien Counsel
Group health plan descriptions are carefully worded to protect the plan’s reimbursement interests and expand their right of reimbursement. This is often accomplished with provisions stating the plan is entitled to …
Lien Resolution – The Contract Does NOT always Control
By Jessica D. Thomas, Esq. – Staff Lien Counsel
On May 5, 2010, the Second District Court of Appeals of Florida decided Ingenix v. Ham, 35 So.2d 949 (May 5, 2010). This case addresses the issue of health insurance …