Eighth Circuit Upholds Insurer’s Right to Reimbursement of Medical Expenses Despite Its Failure to Pursue Its Claims in Subrogation
Eighth Circuit Upholds Insurer’s Right to Reimbursement of Medical Expenses Despite Its Failure to Pursue Its Claims in Subrogation
In Vercellino v. Optum Insight, Inc., No. 20-3524, __F.4th__, 2022 WL 433036 (8th Cir. Feb. 14, 2022), the Eighth Circuit Court of Appeals considered whether an ERISA health plan’s insurer…
First Circuit Revives ERISA Claims Against Health Benefit Plan for Alleged Violation of Mental Health Parity Act
Yesterday, the First Circuit Court of Appeals decided N.R. v. Raytheon Company, et al., No. 20-1639, __F.4th__, 2022 WL 278537 (1st Cir. Jan. 31, 2022). Plaintiffs S.R. and T.R., on…
Ninth Circuit Revives ERISA Claims Brought by Assignee of Healthcare Provider
In ABC Services Group, Inc. v. Aetna Health and Life Insurance Company; et al., No. 20-55821, 2022 WL 187849 (9th Cir. Jan. 20, 2022) (Before: Kleinfeld, R. Nelson, VanDyke, Circuit…
Ninth Circuit Holds Assignee of Bankrupt Healthcare Provider’s Health Benefit Claims Has Derivative Standing to Sue under ERISA
Bristol SL Holdings, Inc. v. Cigna Health & Life Ins. Co., No. 20-56122, __F.4th__, 2022 WL 129139 (9th Cir. Jan. 14, 2022) involves a dispute between Sure Haven, a now bankrupt…
Seventh Circuit Affirms Doctor Did Not Have Valid Assignment to Pursue ERISA Statutory Penalty Claim Against Plan Administrator
W.A. Griffin v. Seven Corners, Inc., No. 21-2332, 2021 WL 6102167 (7th Cir. Dec. 22, 2021) (Before: Kanne, Rovner, and Hamilton, Circuit Judges). Plaintiff-Appellant W.A. Griffin is a dermatologist who…
Fifth Circuit Holds That Employee’s Retirement Constitutes a “Qualifying Event” and Triggers Employer’s COBRA Notice Obligation
In Randolph v. E. Baton Rouge Par. Sch. Sys., No. 21-30022, __F.4th__, 2021 WL 5577014 (5th Cir. Nov. 30, 2021), involving a dispute over Consolidated Omnibus Reconciliation Act of 1985…
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