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Iowa State Supreme Court Case Rejects ERISA Preemption Defense in COB Dispute
Health Plan Law 
[Guidance Overview] June 3, 2008
Excerpt: This state court case suggests an argument against ERISA preemption of state regulation of self funded group health plans based upon the presence of stop loss coverage, or some will so contend based upon the case outcome. More particularly, the case holding turns on consideration of a preemption argument advanced by a stop loss carrier in a contract dispute with its insured, the sponsor of a group health plan, and an individual policy insurance carrier that had a coverage obligation if the group health plan did not.
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