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Tag Archives: Health

Setting the pace on lawyer health (access required)

spilled pills

If the legal profession is going to seriously confront the epidemic of addiction and mental health disorders among its members, its largest law firms are uniquely well positioned to serve in the vanguard. That was the message delivered by the ...

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Insurance – Health — ERISA Plan – Tort/Negligence – Third-Party Tortfeasor – Settlement Proceeds – Equitable Lien (access required)

Tyson Foods, Inc. v. Macklin Although defendant claims that the settlement fund he received from a third-party tortfeasor has been dissipated, plaintiff’s lien attached at the moment of the fund’s creation, and plaintiff is entitled to reimbursement for accident-related payments or the value of the settlement fund, whichever is less, even if the settlement fund is not specifically traceable to defendant’s current assets because of commingling or dissipation.

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Insurance – Health – Equitable Subrogation — Tort/Negligence – Conversion – Settlement Funds – Insureds’ Auto Accident (access required)

Group Health Plan for Employees of Barnhill Contracting Co. v. Integon National Insurance Co. The plaintiff-health plan had a lien on settlement proceeds; nevertheless, defendant paid the full settlement proceeds to plaintiff’s insureds. Although the doctrine of equitable subrogation would allow plaintiff to make any claims available to its insureds, equitable subrogation is not a claim in itself, and the only claim asserted by plaintiff - conversion - is not one that belonged to its insureds, nor is it supported by our case law. We affirm summary judgment for defendant.

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