ERISA Liens: How to turn the McCutchen gray into green for your client
By Vice President & Director of Lien Resolution
The uncertainty that exists regarding a self-funded ERISA plan’s ability to refuse reduction of their claim based upon equitable principles can be used to increase your client’s net recovery. A gray area …
From Roger Baron: “unclean hands” is equitable defense to claim under ERISA § 1132(a)(3) according to Oregon Federal Court
Reprinted with Permission of Roger Baron
In Ayers v. LINA, No. 6:08-cv-06287-AA, (D.Or. April 19, 2012), the court was adjudicating a dispute over LTD benefits under ERISA coverage. The plaintiff sued alleging wrongful denial and the ERISA insurer counterclaimed …
Outsourcing of Lien Resolution – The Florida Supreme Court’s Ruling on 4-1.5
By Jason D. Lazarus, J.D., LL.M., MSCC, CSSC
The purpose of this post is to inform Florida attorneys about the Florida Supreme Court’s rejection of the proposed amendment to Rule 4-1.5. Before discussing the Florida Supreme Court’s rejection, I first …
ERISA Beneficiary and His Wife Where Funds are in a Structured Settlement
Reprinted with Permission from Roger Baron
The 5th Circuit handed down ACS Recovery Services, Inc. v. Griffin today, April 2, 2012. Mr. Griffin was seriously injured in an auto accident. The ERISA plan paid medical bills of $50,076.19. The plaintiff’s …
From Roger Baron: Revictimization of Personal Injury Victims By ERISA Subrogation
Reprinted with permission from Roger Baron
“Subrogation on personal injury claims by a health insurer was universally prohibited by law when Congress enacted ERISA in 1974. Seizing upon the notion of ERISA preemption, ERISA plans and related insurers have manufactured …
US Airways v. McCutchen – Equitable Defenses Limit ERISA’s “Appropriate Equitable Relief”
By Stacey N. Jiunto, Esq. – Staff Lien Counsel
Group health plan descriptions are carefully worded to protect the plan’s reimbursement interests and expand their right of reimbursement. This is often accomplished with provisions stating the plan is entitled to …
Lien Resolution – The Contract Does NOT always Control
By Jessica D. Thomas, Esq. – Staff Lien Counsel
On May 5, 2010, the Second District Court of Appeals of Florida decided Ingenix v. Ham, 35 So.2d 949 (May 5, 2010). This case addresses the issue of health insurance …
Outsourcing Lien Resolution: Happier Clients and a Better Bottom Line
By Stacey N. Jiunto, Esq. – Staff Lien Counsel
Two questions are at the forefront of every injured party’s mind concerning litigation: 1) how much will I recover, and 2) how long will it take to receive my money? Outsourcing …
Ask a Lien Professional: Can the VA Recover from UM Coverage?
Question:
Do the VA subrogation rights apply to UM coverage, or do they only apply to the responsible third-party?
Answer:
The right of the VA to recovery from UM is not a definite yes or no answer.
When the VA …
Ask A Lien Professional – Wrongful Death and Medicare
Question: “I am the executor of estate on behalf of my mother who was a Medicare beneficiary. This is a wrongful death case, so does Medicare have a lien in this situation?” – Florida Resident
Answer: According to the Medicare …
