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ERISA litigation alert: check your plan subrogation and reimbursement language to eliminate “contractual gaps”

Davis Wright Tremaine LLP
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USA
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May 21 2013

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

Fifth Circuit holds that plan can obtain reimbursement from special needs trust

Haynes and Boone LLP
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USA
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May 20 2013

The federal Court of Appeals for the Fifth Circuit, whose jurisdiction covers the states of Texas, Louisiana, and Mississippi, issued an opinion on

Court finds breach of fiduciary duty against broker for failure to explain interaction of stop-loss and self-funded health plan coverage

Haynes and Boone LLP
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USA
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May 17 2013

In Express Oil Change, LLC v. ANB Insurance Services, Inc., the sponsor of an employee health plan (the "Employer") decided to convert its funding

6th Circuit: plan administrators are not necessarily required to obtain vocational evidence or an IME before making their LTD determinations

Lane Powell PC
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USA
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May 16 2013

In Judge v. Metropolitan Life Insurance Company PDF, 710 F.3d 651 (6th Cir. 2013), the Sixth Circuit rejected plaintiff's proposed bright-line rule

Converted individual disability policies governed by ERISA?

Lane Powell PC
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USA
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May 14 2013

You already know that an individual disability policy may nevertheless be governed by ERISA, even when the employee pays her own premium. This can

US Airways v. McCutchen: when silence is not golden

Jones Day
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USA
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May 14 2013

Sponsors and administrators of self-insured health and welfare plans, as well as insurance companies that offer insured health and welfare products

U.S. Supreme Court affirms the primacy of plan language, but demands specificity

Epstein Becker Green
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USA
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May 2 2013

On April 16, 2013, the U.S. Supreme Court unanimously decided in US Airways, Inc. v. McCutchen that equitable doctrines, such as unjust enrichment or

Court orders Ohio BWC to pay employers $860 million; Ohio BWC appeals

Squire Sanders
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USA
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April 26 2013

A Cleveland court in San Allen Inc. v. Bureau of Workers Compensation, Cuyahoga Cty. Case No. CV-07-644950, recently held that the Ohio Bureau of

Plain language over equity: The Supreme Court issues its ruling in U.S. Airways, Inc. v. McCutchen

Trucker Huss APC
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USA
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April 23 2013

On April 16, 2013, the Supreme Court issued its opinion in U.S. Airways, Inc. v. McCutchen, --- S. Ct. ----, 2013 WL 1567371 (2013), resolving a

U.S. Supreme Court: equity cannot trump ERISA plan terms in ERISA reimbursement case

Lane Powell PC
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USA
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April 17 2013

The U.S. Supreme Court yesterday strengthened the ability of employer health insurance plans to recoup payments for medical expenses paid for an

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ERISA litigation alert: check your plan subrogation and reimbursement language to eliminate “contractual gaps”

Fifth Circuit holds that plan can obtain reimbursement from special needs trust

Court finds breach of fiduciary duty against broker for failure to explain interaction of stop-loss and self-funded health plan coverage

6th Circuit: plan administrators are not necessarily required to obtain vocational evidence or an IME before making their LTD determinations

Converted individual disability policies governed by ERISA?

US Airways v. McCutchen: when silence is not golden

U.S. Supreme Court affirms the primacy of plan language, but demands specificity

Court orders Ohio BWC to pay employers $860 million; Ohio BWC appeals

Plain language over equity: The Supreme Court issues its ruling in U.S. Airways, Inc. v. McCutchen

U.S. Supreme Court: equity cannot trump ERISA plan terms in ERISA reimbursement case

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