Category Archives: ERISA and Health Insurance

ERISA and Health Insurance Subrogation Posts

License To Steal: Supreme Court Helps Plan Beneficiaries Avoid Repaying Subrogated Health Plans

Trial lawyers are happy. On January 20, 2016, the U.S. Supreme Court issued their written opinion in the long-anticipated ERISA subrogation case of Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan, 2016 WL 228344 (Jan. … Learn More

IF IT SEEMS TOO GOOD TO BE TRUE: The Problem With Cut-Rate Subrogation Vendors

Litigation is rarely cheap, but it is often necessary. Nowhere is this truer than in the area of insurance subrogation, where those who resist paying subrogation claims assume that insurance companies are loath to pull the trigger and file suit … Learn More

Four Extra Years To File Your Minnesota Subro Claims

Since being recommended for admission to the Minnesota bar, I have been hit hard with questions from clients regarding Minnesota subrogation, including relevant statutes of limitations. One of the most frequent questions I receive has to do with the Minnesota … Learn More

Ohio Governor John Kasich Damages Subrogation Rights

Republican Ohio Governor John Kasich sure doesn’t act like a Republican. When a 2012 ruling by the U.S. Supreme Court made it relatively simple for states to reject Obamacare’s costly expansion of Medicare on the backs of state taxpayers, many … Learn More

South Dakota Supreme Court Decides Matter Of First Impression

Future Credit Reduced By Health Insurance Payments On April 1, 2015, the South Dakota Supreme Court declared for the first time that medical expenses paid by health insurance plans, and not by an injured employee personally, can be applied to … Learn More

MWL Successfully Defends Employer Against Third-Party Contribution And Indemnification Litigation In Hawai’i

Matthiesen, Wickert & Lehrer, S.C.’s (“MWL”) team of seasoned litigators continue to assist employers to defy arduous hurdles presented by third-party contribution suits. When faced with a personal injury claim from an injured employee, defendant-tortfeasors can sometimes go on the … Learn More

Governor Bullock Sides With Trial Lawyers Over Small Businesses

Montana businesses are learning the hard way the cost of electing a Democrat governor. The Montana legislature represents a solid, common sense, Republican majority which understands the vital role that a business-friendly environment plays in stimulating the real job creators … Learn More

MWL Wins Major Victory In Fight For Medicare Advantage Recovery Rights

Matthiesen, Wickert & Lehrer, S.C. (“MWL”) partners Ryan Woody and Jim Busenlener won a major victory for Medicare Advantage Organizations (“MAOs”). In Collins v. Wellcare Healthcare Plans, Inc., 2014 WL 7239426 (E.D. La. Dec. 16, 2014), the federal court recognized, … Learn More

Matthiesen, Wickert & Lehrer, S.C. Wins Out-Of-Network Litigation In Colorado

While Matthiesen, Wickert & Lehrer, S.C. (MWL) attorneys are actively pursuing subrogation and reimbursement claims around the country for health insurers and plans alike, we are increasingly being asked to defend clients from out-of-network lawsuits by providers. These out-of-network or … Learn More

Texas Court Backs Private Right Of Action For Medicare Advantage Organizations

In Humana v. Farmers Texas County Mutual, et al., 13-cv-006111 (W.D. Tex. Sept. 24, 2014), the plaintiff, a Medicare Advantage Organization (MAO), sought reimbursement from a no-fault automobile insurer. The magistrate judge previously granted the defendant’s motion to dismiss holding … Learn More