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Eleventh Circuit Finds Plan Assignment of Rights Insufficient to Enable Providers to Assert Claims of Fiduciary Breach (PDF)
U.S. Court of Appeals for the Eleventh Circuit 
Nov. 8, 2013 "The plaintiffs' contention stretches beyond its breaking point the plain meaning of the agreement, which assigns only the right to receive benefits and not the right to assert claims for breach of fiduciary duty or civil penalties. Because the agreements do not support the plaintiffs' position, they lack standing to bring claims under [ERISA Sections] 502(a)(3) and 502(c)." [Sanctuary Surgical Center, Inc., et al. v. Blue Cross and Blue Shield of Florida, Inc., Nos. 13-10635, 13-10636, 13-10667 (11th Cir. Nov. 5, 2013)] MORE >> |
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