Phia Group Russo & Minchoff

Hall v. Newmarket Corp, Aetna Life Insurance Co.

Adam V. Russo | April 27, 2010

In Hall v. Newmarket Corp, Aetna Life Insurance Co., et al. ___F.2d___(D.C. MS. 2009), Theresa Hall was covered through her employer, Newmarket, under a self funded arrangement that was administered by Aetna. When her plant closed down she continued coverage through Aetna and paid premiums to Aetna from 2001 to 2004, when she switched over [...]

Hospital to say: ‘Thank you Massachusetts!’ Building-size banner expresses gratitude for vote against health-care takeover

Adam V. Russo | February 9, 2010

I received this from Dana Driscoll at National Underwriting Services, Inc.
By Bob Unruh
A community hospital in Batesville, Miss., has gone to the unusual lengths of posting a building-size banner on the side of its structure to thank Massachusetts voters for their choice in the recent election to replace the late Sen. Ted Kennedy.

Court Reverses Denial of Benefits Decision Because of SPD

Adam V. Russo | June 19, 2008

Shelby County Healthcare Corp, d/b/a Regional Medical Center v. The Majestic Star Casino, LLC group Health Benefit Plan, 2008 WL 782642 (WD Tenn.) has demonstrated that even though the SPD gives the Plan the final decision to accept or deny medical claims, discretion does not apply to the Plan’s TPA.Damon Weatherspoon, a plan participant of [...]

State, Not ERISA, Controls Assignment of Benefits to Minor

Adam V. Russo | April 22, 2008

Just when it appears that a well-drafted subrogation and reimbursement provision of an ERISA group health plan takes precedent over state-law restrictions on the plan’s recovery, we find that the Supreme Court of Mississippi has ruled that ERISA does not preempt a state law that requires approval of a Mississippi court regarding the allocation of [...]

Mississippi Court Says That Minor’s Compromise Trumps ERISA Subrogation

Adam V. Russo | November 13, 2007

In the case of Bauhaus USA, Inc. v. Lillie Regina Holmes Copeland, et. al., 2007 Miss. LEXIS 545 (September 27, 2007), a self-funded Plan coming under the purview of ERISA sought reimbursement of claims it had paid on behalf of a minor child. The court took possession of funds in order to create a trust [...]