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Attorneys in Health Plan Subrogation Case Potentially Liable as Fiduciaries
Health Plan Law 
Apr. 27, 2007
Excerpt: In this recent case, a health plan sued personal injury attorneys who failed to reimburse the plan for accident-related expenditures out of a tort settlement. The attorneys filed a motion to dismiss. The district court held that the attorneys were potentially ERISA fiduciaries with respect to the recovered funds and refused to dismiss the plan's claims.
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