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District Court Rejects Argument That ERISA Prohibits Subrogation By Group Health Plans (PDF)
David Livingston, TIC International Corporation
Oct. 20, 2003
3 pages. Excerpt: The thrust of this decision is that funds may still seek recovery under section 502(a)(3)(C) of ERISA if the suit does not impose personal liability on the participant which means that the funds to be recovered are still identifiable and are preserved in a separate fund and are not in the direct possession of the participant. In addition, ... a plan might be better off seeking recovery under state lien laws, rather than under ERISA ...
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