Supreme Court Forbids Rewrite Of ERISA Plan

The supremacy of a written ERISA -governed plan still reigns as the U.S. Supreme Court reversed the ruling of an appellate court which had held that a court in equity can ignore unambiguous subrogation reimbursement language, and simply rewrite the terms of an ERISA-governed plan in l
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SIIA Amicus Participation Contributes to Positive Judicial Outcome

April 17, 2013 — The United States Supreme Court yesterday handed down a unanimous ruling in the case of U.S. Airways, Inc. v. McCutchen that is widely viewed as a major win for employers who sponsor self-insured group health plans. The Self-Insurance Institute of America, Inc.
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AMICUS UPDATE

In a victory for healthcare subrogation, the United States Supreme Court reversed the Third Circuit’s holding in US Airways, Inc. v. McCutchen.  In stunning fashion, the Justices of the Supreme Court ruled 9-0 that equitable principles (such as the made whole and common fund doctrines
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Second Circuit: Deferential Standard Applies Without Notice To Participants & Reimbursement Claims Are Equitable Relief

Yesterday, the Second Circuit ruled on two important issues of note for ERISA plan sponsors and plan fiduciaries. In Thurber v. Aetna Life Insurance Co., 2013 WL 950704 (2d Cir. Mar. 13, 2013), the Court ruled that participants and beneficiaries are not required to be put on notice th
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U.S. Supreme Court Agrees to Resolve Circuit Split Over ERISA Plan Reimbursement Rights

  On June 25, 2012, the U.S. Supreme Court agreed to review the decision of the Third Circuit Court of Appeals in U.S. Airways v. McCutchen. The case concerns the U.S. Airways ERISA welfare benefit plan’s efforts to enforce the plan’s reimbursement provisions, which require plan
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U.S. Supreme Court Agrees to Resolve Circuit Split Over ERISA Plan Reimbursement Rights

On June 25, 2012, the U.S. Supreme Court agreed to review the decision of the Third Circuit Court of Appeals in U.S. Airways v. McCutchen. The case concerns the U.S. Airways ERISA welfare benefit plan’s efforts to enforce the plan’s reimbursement provisions, which require plan partici
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