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Seventh Circuit Decision Holds ERISA Does Not Authorize Contribution Suits Brought by Plans Against Other Payers
Godfrey & Kahn S.C.
Feb. 23, 2017 "A recent Seventh Circuit decision leaves ERISA plans paying claims without a remedy to enforce coordination of benefits clauses against other payers.... ERISA plans cannot ordinarily pursue reimbursement or contribution under state law theories, as such claims are typically pre-empted by ERISA. After this decision, they also cannot pursue reimbursement under ERISA." [Cent. States, Se. & Sw. Areas Health & Welfare Fund v. American Int'l Group, No. 15-2237 (7th Cir. Oct. 24, 2016)] MORE >> |
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