A Louisiana State Law requiring that insureds be made whole before an insurance carrier could seek reimbursement was upheld by the 5th Circuit, Benefit Recovery, Inc. v. Donelon, 2008 WL 642972 (March 11, 2008).  Note that the decision only applies to plans that are not self-funded, but will apply to plans that are fully insured, and governmental plans, even if ERISA otherwise applies.

Tags:

This entry was posted by Adam V. Russo on Friday, March 14th, 2008 at 1:45 pm and is filed under 5th, Louisiana, Made Whole Rule. 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.