Subrogation

Monthly Benefits Update - April 2013

by Andrew Malahowski | Franczek Radelet P.C. on 5/1/2013

Health Care Reform: Guidance on Required Future Modifications to SBC, Other Issues - The Internal Revenue Service (IRS), Department of Labor (DOL), and Department of Health and Human Services (HHS) issued new guidance...more

Supreme Court Clarifies Subrogation Rights, Emphasizes Need for Precise Plan Language

by J. S. Christie, Andrew Elbon, B. David Joffe, Jessica Jones, Jack Levy, Gordon Earle Nichols, Laura Schiele Robinson, Jay Turner | Bradley Arant Boult Cummings LLP on 4/25/2013

Plan sponsors, particularly those that sponsor self-funded health plans, should review plan document provisions in light of the recent decision of the Supreme Court of the United States in US Airways, Inc. v. McCutchen. In...more

Supreme Court Upholds Health Plan’s Right To Recover Money from Third Party

by Edward I. Leeds | Ballard Spahr LLP on 4/23/2013

The U.S. Supreme Court has ruled that the clear terms of an employer's group health plan override an employee's equitable defenses in determining the plan's right to recover amounts from a third party. This decision points...more

Insurance Recovery Law -- Apr 18, 2013

by Manatt, Phelps & Phillips, LLP on 4/19/2013

Ninth Circuit Narrows Insurers' Options in Pursuing Subrogation Claims Under CERCLA - Why it matters: The Ninth Circuit confirmed that Chubb could have maintained a subrogation action against potentially liable parties...more

Subrogation Claims are “Equitable Relief” Governed by ERISA

by D. Michael Reilly | Lane Powell PC - ERISA Law on 3/26/2013

That subrogation claim you have might be governed by ERISA, at least in some circuits… Here’s the case of Thurber v. Aetna Life Insurance Company, __F.3d__ (2nd Cir. March 13, 2013) (Insurer’s counterclaim for return...more

California Environmental Law and Policy Update - March 22, 2013

by David D. Cooke, Emily L. Murray, Sandi L. Nichols | Allen Matkins Leck Gamble Mallory & Natsis... on 3/25/2013

In This Issue: Environmental and Policy Focus - U.S. top court rules for timber industry over road runoff; U.S. Supreme Court grants review of plan by forest service to manage Sierra Nevada; Federal Appeals Court...more

The Intersection of Subrogation and Environmental Law — The Ninth Circuit’s Tyranny of Logic over Common Sense

by Robert S. Sanoff | Foley Hoag LLP - Environmental Law on 3/20/2013

In a decision that exalts casuistry over common sense, the Ninth Circuit recently held that an insurer who reimbursed $2.4 million in CERCLA response costs to its policyholder had no subrogation rights against the potentially...more

Medicare Requirements In Personal Injury Claims

by Law Office of Paul B. Genet on 1/2/2013

Starting on January 1, 2011, personal injury claims from claimants eligible for Medicare must be reported to Medicare. Medicare is entitled to a 100% recovery of the benefits it paid for the treatment of injuries and it will...more

Pay me once, pay me twice, pay me thrice?

by Glen A. Murphy | Spilman Thomas & Battle, PLLC on 12/12/2012

On November 15th the Supreme Court of Appeals of West Virginia issued the opinion of Jeffery Jenkins, et ux. v. City of Elkins, et al. (No. 11-1059). Factually, Mr. Jenkins was an employee of Bombardier Aerospace driving a...more

Company Demands Cost of Medical Bills from Injured Employee

by Michele Bowman | Lawyers.com on 11/29/2012

The U.S. Supreme Court heard arguments this week in a case that could change workers’ ability to hire lawyers to help them bring personal injury suits when their employers have paid for their medical expenses....more

Supreme Court Will Not Review Sixth Circuit Ruling That Government May Seek Full Reimbursement of Medicare Payments to Beneficiary...

by King & Spalding on 10/17/2012

On October 1, 2012, the United States Supreme Court said it would not review a decision by the U.S. Court of Appeals for the Sixth Circuit which ruled 2-1 that, upon settlement by a Medicare beneficiary with a third-party...more

Real Estate Tip – Tricky Business Part II: Waiving Claims, Subrogation and Insured Losses for Landlords

by Bernstein Shur on 10/11/2012

Tricky Business Part 1 discussed indemnification for landlords “against all claims.” Part 2 explains how to be certain your insurance covers any claims you waive and all claims against you that have not been...more

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