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Insurer's Recovery Rights Were Rooted in ERISA Documents Despite Plan Administrator's Contrary Instruction
HR Daily Advisor Link to more items from this source
June 25, 2014
"An insurer won recovery of health expenses paid from a member's $255,000 settlement ... in spite of an affidavit from the company plan administrator saying the insurer was not authorized to collect the funds from the member's settlement proceeds.... [A] federal court enforced the subrogation claim after determining that the insurer was a plan fiduciary with standing to sue, and that plan language authorized the insurer to assert a lien over the proceeds, again, in spite of a plan administrator testifying to the contrary." [Humana Health Plan, v. Nguyen, No. 13-1793 (S.D. Tex. May 2, 2014)]

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