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In essence overruling a previous opinion from the courts of appeal, the Missouri Supreme Court has held that the Federal Employee Health Benefits Act (“FEHBA”) does not preempt Missouri law prohibiting the subrogation of...more
In U.S. Airways v. McCutchen, the U.S. Supreme Court upheld the ability of U.S. Airways’ health plan to recover medical expenses that it previously paid to the injured party from a third party settlement, but remanded the...more
In a prior blog, I discussed the importance of including unambiguous reimbursement rights in health plan documents in order to manage healthcare costs. The enforceability of such rights was confirmed by the United States...more
On April 16, 2013, the U.S. Supreme Court issued its decision in US Airways, Inc. v. McCutchen (No. 11–1285), deciding the issue of whether equitable defenses, such as the principle of unjust enrichment, can override the...more
The U.S. Supreme Court yesterday strengthened the ability of employer health insurance plans to recoup payments for medical expenses paid for an injured plan participant who later sues to recover damages from a third...more
The United States Supreme Court ruled today that absent an express provision to the contrary, the amount an ERISA plan can recover from a plan participant’s lawsuit against a third-party tortfeasor must be reduced...more
Can an insurance policy be rendered unenforceable by Illinois public policy because of a conflict with another state's law?
This morning, in an opinion by Justice Lloyd A. Karmeier for a 6-1 majority, the Illinois...more
A “Hobson’s Choice” is a choice that appears to give you more than one option, but in fact only offers one option. So it is with the Letter of Protection (LOP). You, the patient, doctor or attorney, think...more
A couple of years ago, Sedgwick authored an amicus brief, which the California Court of Appeal in Watanabe v. California Physicians' Service (2008) 169 Cal.App.4th 56 relied upon to hold that California Health & Safety Code...more
The Supreme Court of Canada released two leave to appeal judgments of interest to the insurance industry. One application for leave was granted. The other was dismissed .....more
Article by BC Personal Injury Claims Lawyer Erik Magraken discussing some of the circumstances when a BC Court may have jurisdiction to preside over an auto Injury Claim which occurred out of Province. Particularly this...more
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