This case is extremely important as it stands for premise that the Plan expects premium payments and subro rights in exchange for paying benefits. Specifically, it states that subrogation defrays health insurance costs. The Defense made an argument stating that Zurich’s claim for reimbursement violates ERISA’s anti-discrimination provision but Court disagreed stating that plan language applied to all participants. This is a great case to read and cite as it brings us bases from many Circuits – even Shank. Enjoy!!

View the article here. Zurich Vs. O’Hara

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This entry was posted by Adam V. Russo on Thursday, April 29th, 2010 at 10:53 am and is filed under 11th, ERISA, Federal Circuits, Subrogation. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.