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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
- -
- 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
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
- -
- 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
Delaware court: settlement for statutory damages, calculated without reference to actual damages incurred, is for penalty, not covered loss
- Wiley Rein LLP
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- USA
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- May 14 2013
A Delaware trial court has held that a settlement for statutory damages paid by a health care organization represents uncovered penalties rather than
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
Liability insurers may have duty to defend against federal prosecutions, California Court of Appeal holds
- Barger & Wolen LLP
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- USA
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- May 6 2013
The Second Appellate District of California held on May 1 in Mt. Hawley Ins. Co. v. Lopez that California Insurance Code section 533.5(b) does not
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
Prior sprain causes insurance pain
- Gadens Lawyers
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- Australia
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- April 29 2013
Mr Preston (plaintiff) held a sickness and accident insurance policy with AIA Australia Limited (defendant), with a period of cover from
California Appellate Court confirms cap on past medical expenses applies to Medicare payments and should be imposed before further reductions for contributory negligence
- Wilson Elser
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- USA
- -
- April 25 2013
In Luttrell v. Island Pacific Supermarkets, Inc. (April 8, 2013, A134089), California's First District Court of Appeal held that Howell v. Hamilton
Health insurance update
- Matheson
- -
- Ireland
- -
- April 22 2013
On 7 March 2013, the High Court handed down judgment in favour of the respondents in the case of BUPA Ireland Ltd & Anor v The Health Insurance
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