"Moore claims that the grant of summary judgment should be reversed because genuine issues of material fact exist as to three issues: [1] whether the SPD is a controlling plan document, making the subrogation provision enforceable; [2] whether the settlement funds were wholly 'excess and separate' from the medical costs the Board seeks to recover and therefore exempt from subrogation; and [3] whether subrogation applies in the absence of a judicial finding or admission of liability by the third party. Because each of these issues poses a legal question rather than a factual dispute, and because the district court's resolution of the legal issues was correct ... the court properly granted summary judgment in the NEI Board's favor." [Nat. Elevator Inc. Health Benefit Plan v. Moore, No.14-04048 (6th Cir. Aug. 25, 2015)]

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