SUBROGATION

:: Enforcement Of Equitable Liens By ERISA Benefit Plans – A Contrast In Available Remedies

In this case, Ms. Powell did not commingle her funds and made no purchases that diminished in value. Thus, the “conscious wrongdoer” standard has no application. Moreover, in Sereboff the Supreme Court stated, “This rule allowed them to follow a portion of the recovery into the [Sereboff’s] hands as soon as [the settlement fund] was …

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“Relatedness” Issue Fatal To Health Plan Subrogation Claims

Rotech has argued that it could, within its discretion, rely upon Huff’s sworn answers to interrogatories and the opinion of Dr. Wilson in concluding that it is entitled to be reimbursed out of any recovery Huff receives in the circuit court litigation against Hawkins and his employers. This court does not agree. This court first concludes that any …

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