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Results: 1-10 of 472

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

  • Davis Wright Tremaine LLP
  • -
  • USA
  • -
  • 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
  • -
  • 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
  • -
  • 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
  • -
  • USA
  • -
  • 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
  • -
  • USA
  • -
  • 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
  • -
  • USA
  • -
  • 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
  • -
  • USA
  • -
  • 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
  • -
  • Australia
  • -
  • 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
  • -
  • 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