The Supreme Court has ruled that State equitable principles do not preempt ERISA plan language. Plaintiff in a UIM settlement refused to reimburse the ERISA self-funded plan claiming that it was inequitable that the Plan recover all of the third party funds with nothing being left for the participant. The Court ruled that there was an equitable lien by agreement and that the Plan language was clear and not subject to equitable interpretation . See case.
News & Events
Subrogation Blog Post
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Medicaid TPL Rights Postponed
By Michael Laffey, February 15, 2018 -
FEHBP Plans Not Subject to State Laws
By Michael Laffey, April 19, 2017 -
WC Carriers allowed indirect Third Party Subrogation claim against third parties
By Michael Laffey, February 16, 2017