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State Supreme Court Holds ERISA Subrogation Provisions Unenforceable
Health Plan Law 
Oct. 3, 2007
Excerpt: The recent decision in In Re Holmes extends a line of decisions which confuses the application of state and federal statutes in the enforcement of ERISA plan subrogation rights. Succinctly stated, the issue was whether a state law requiring Chancery Court approval to validly assign minor's right to insurance proceeds is preempted by ERISA.
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