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Perspective

Jan. 19, 2012

When an ERISA attorney is a personal injury attorney’s best friend

Recent federal court decisions provide new defenses to repayment demands made under ERISA. By Chuck Teixeira


By Chuck Teixeira


For an attorney representing a plaintiff in an automobile accident or medical malpractice case, few things are more troublesome than demands for repayment of medical benefits provided by a self-funded group health plan subject to the federal law called ERISA (the Employee Retirement Income Security Act). Recent federal court decisions provide defenses to such demands.


A little background: When employers provide group medical coverage,...

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