AMICUS COMMITTEE UPDATE

Oregon House Bill 2006 The Oregon Legislature is again seeking to limit recoveries by a Personal Injury Protection (PIP) carrier.  Oregon House Bill 2006 seeks to expand the Made Whole Doctrine in favor of the injured party.  Essentially, the expansion of the doctrine would render a P
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The Power of Dicta—Make-Whole Relief Under ERISA Comes to the Fourth Circuit

On July 5, 2012, the United States Court of Appeals for the Fourth Circuit Court issued a significant opinion concerning the liability of insurers (and, potentially, employers) that are alleged to have provided misleading or faulty summary plan descriptions (SPDs) to employees.  The c
Continue Reading →

The Power of Dicta—Make-Whole Relief Under ERISA Comes to the Fourth Circuit

On July 5, 2012, the United States Court of Appeals for the Fourth Circuit Court issued a significant opinion concerning the liability of insurers (and, potentially, employers) that are alleged to have provided misleading or faulty summary plan descriptions (SPDs) to employees.  The c
Continue Reading →

Must a Participant Be “Made Whole” Before a Plan May Exercise Its Right to Reimbursement?

Most ERISA welfare benefit plans have provisions that allow the plan to recoup amounts of medical expenses it paid to participants or beneficiaries for injuries or illnesses caused by third parties (such as those sustained in automobile accidents), where the participant obtains a reco
Continue Reading →

Must a Participant Be “Made Whole” Before a Plan May Exercise Its Right to Reimbursement?

Most ERISA welfare benefit plans have provisions that allow the plan to recoup amounts of medical expenses it paid to participants or beneficiaries for injuries or illnesses caused by third parties (such as those sustained in automobile accidents), where the participant obtains a reco
Continue Reading →