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Bauhaus v. Copeland: Mississippi Supreme Court Holds that State Common Law Anti-Subrogation Law Not Preempted by ERISA
Benefit Recovery Inc.
Oct. 17, 2007
Excerpt: Since Sereboff, there have not been many decisions that cover new ground; Bauhaus is one of the exceptions. On September 27, 2007, the Mississippi Supreme Court affirmed a Chancery Court's determination that Mississippi's state common law rule that, in effect, a self-funded, ERISA-covered health plan may not pursue subrogation or reimbursement from a minor plan participant is not preempted by ERISA.
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