Adam V. Russo | December 21, 2009
– On December 9, 2009, the United States Court of Appeals, Tenth Circuit, affirmed the federal government’s position that private insurance companies are “plans” and therefore subject to federal jurisdiction. (US vs. Frost)
Although other federal courts have held that contracts issued by insurance companies may be subject to federal jurisdiction under Title 18 Section 1347, [...]
Adam V. Russo | October 12, 2009
by Joe Hanel of The Durango Herald, www.durangoherald.com
DENVER – Stephen and Naomi Dobbs have some of the same complaints about stonewalling by their health-insurance company as many people.
But when the Durango couple sued Anthem Blue Cross & Blue Shield, they got caught between two complex areas of the law – health insurance and Native American [...]
Adam V. Russo | July 28, 2009
In Administrative Committee of the Wal-Mart Stores, Inc. v. Gamboa, 479 F.3d 538 (8th Cir. 2007), an ERISA plan administrator brought suit seeking equitable reimbursement from a plan participant who had received a settlement from a tortfeasor. Although the reimbursement provision was contained in an SPD for a health plan, the employer had no formal [...]
Adam V. Russo | July 18, 2007
The Tenth Circuit Court of Appeals held in Hollingshead v. Blue Cross Blue Shield of Oklahoma, 2007 WL 475832, 39 EBC (BNA) 2732 (10th Cir. 2007), that when a Plan states it will pay for only one organ transplant, the Plan may exclude charges incurred for the replacement of a previously transplanted organ that has [...]
