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Application of Subrogation Provision Does Not Trigger Claims Procedure Regulations
Health Plan Law 
Oct. 23, 2006
Excerpt: In Demag Crane and Components v. Gehrke, 2006 WL 2946943 (N.D.Ohio) (October 16, 2006), the plan filed an action against a plan beneficiary, her father and their bank seeking to impose a constructive trust on funds recovered in a personal injury action. The plan asserted rights under a subrogation provision to reimbursement from such funds for accident-related benefit payments. In addition, the plan filed a motion for discovery in aid of its claims.
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