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Compass
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Insurer's Recovery Rights Were Rooted in ERISA Documents Despite Plan Administrator's Contrary Instruction
HR Daily Advisor 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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