bhoffman | September 1, 2010
SIIA, www.siia.org
By Thomas A. Croft, Esq.
I. The Supreme Court Clarifies ERISA Attorney Fee Provision
We have two reasons for reviewing Hardt v. Reliance Standard Life Ins. Co., 130 S. Ct. 2149 (2010). First, it is the latest ERISA decision from the Supreme Court cases define ERISA jurisprudence, they cannot be ignored. Second, the case addresses an [...]
bhoffman | August 25, 2010
Coordination of Benefits Handbook
The government has yet to sort out the conflicting interests involved in subrogation/reimbursement dispute. Because there will be no reform body directly creating subrogation/reimbursement rules, the matter remains one of balancing various laws. For instance, laws in many states limit plans’ ability to recover health expenses based on the “make-whole,” “collateral source” [...]
bhoffman | August 25, 2010
Coordination of Benefits Handbook
In a case that does not involve a health plan subject to ERISA, a Florida appellate court ruled that a health plan’s reimbursement from the proceeds of a settlement of a medical malpractice case was limited to the amount paid by the plan less its pro-rata share of attorney’s fees incurred by [...]
Adam V. Russo | June 28, 2010
NASP, www.subrogation.org
Florida attorneys and recovery specialists should be aware that the Florida Bar Association Board of Governors is looking to adopt a rule change to the fee limits that are placed on contingency fees that will allow attorneys who fight against subrogation liens to charge a fee separate from or in excess of the contingency [...]
Adam V. Russo | June 8, 2010
www.laborlawyers.com
Even If Plaintiff Is Not Technically “Prevailing Party”
On May 24, 2010 the U. S. Supreme Court held that a party does not need to be a “prevailing party” in order to be eligible for an attorneys’ fees award under the Employee Retirement Income Security Act of 1974 (ERISA). In reaching this decision, the Court relied [...]
Adam V. Russo | March 3, 2010
The New Hampshire House Judiciary Committee reviewed and recommended a bill recently pertaining to contract, Medicaid or statutory subrogation rights of subrogation for “”reimbursement of medical expenses” against plaintiff’s recovery. The proposed bill requires these subrogated entities to pay costs and attorney fees to the injured party “as justice requires”. The bill does not give [...]
Adam V. Russo | November 16, 2009
Please see the following 6th Circuit Decision brought to our attention by Daran P. Keifer, Esq. of Kreiner & Peters Co. L.P.A. The decision highlights that funds do not need to be maintained in order for a plan to seek reimbursement and that the Plaintiff attorney is personally liable for the percentage of reimbursement equal [...]
Adam V. Russo | November 13, 2009
Wyoming’s House Bill sought to amend worker’s compensation statutes reducing subrogation recoveries for the injured party’s attorney’s fees. The bill ordered “Any recovery by the state shall be reduced pro rata for attorney fees and costs in the same proportion as the employee is liable for fees and costs.”
Adam V. Russo | November 13, 2009
Kentucky House Bill seeks to reduce worker’s compensation recoveries for attorney’s fees.
Adam V. Russo | November 13, 2007
The Texas Made-Whole Rule, adopted in Ortiz v. Great Southern Fire & Casualty Insurance Co., no longer applies to cases where the Plan disclaims the rule and requires full reimbursement in the plan document. 597 S.W.2d 342, (Tex. 1980). In the Ortiz case the insurance carrier relied upon arguments made in equity. The court held [...]
