Florida Insurance Blog

Florida Insurance Blog

Providing Insight Into Florida Insurance Law and Litigation

Mark A. Nation is a civil trial lawyer who limits his practice to wrongful death, personal injury, and insurance cases. He is a member of the Million Dollar Advocates Forum whose members must have settled one or...MORE

Category Archives: Liens Health Insurance / Erisa

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Lawsuit Filed to Reduce Health Insurance Lien

Posted in ERISA, Liens Health Insurance / Erisa
My client was severely injured in a motorcycle accident.  In a bad faith lawsuit against the at-fault driver’s insurance company we recovered a confidential amount well in excess of 150 times the policy limits.  My client’s health insurer paid around $200,000 for medical care related to the crash. After resolving the bad faith case, my client’s health insurer … Continue Reading

Lawsuit Filed to Eliminate HMO Lien on Work Comp Settlement

Posted in Liens Health Insurance / Erisa
My client was injured at work.  Her employer totally controverted the claim.  Because the claim was denied, she sought medical care under her employer sponsored HMO policy. Eventually, she and her workers compensation lawyer settled the work comp case as a totally controverted claim.  The HMO sought reimbursement of its alleged lien out of the work comp … Continue Reading

Lawsuit Filed to Eliminate Lien Against Blue Cross and Blue Shield

Posted in ERISA, Liens Health Insurance / Erisa
My client was injured in an automobile accident.  My client was an HMO member through his employer.  The HMO was issued by Blue Cross and Blue Shield of Florida.  After the accident, Blue Cross and Blue Shield provided some medical services to my client that were accident related, and also provided some services that were not related … Continue Reading

Lawsuit Filed to Eliminate Health Insurance Lien on Personal Injury Settlement

Posted in Liens Health Insurance / Erisa
Today, I filed suit against American National Life Insurance Company of Texas which is asserting a lien on a portion of my client’s settlement proceeds.  My client lives in Florida, but was injured in New Mexico in an automobile accident.  American National paid for a portion of the medical care related to the accident, and believes … Continue Reading

Federal Court ERISA Action Filed to Eliminate Lien on PI Recovery

Posted in Liens Health Insurance / Erisa
I filed suit today in federal Court against a self-funded ERISA plan which was seeking recovery of a lien against my client’s personal injury recovery.  My client was seriously injured in an automobile accident.  The self-funded ERISA plan paid for his medical treatment.  Unfortunately, there was limited bodily injury and uninsured motorists limits available.  My … Continue Reading

Is The Med Pay Insurer in Your Auto Case Seeking Reimbursement or Subrogation?

Posted in Liens Health Insurance / Erisa
Many insurers who are providing med pay coverage for automobile accident victims are now seeking reimbursement or subrogation out of the bodily injury settlements.  In many of those cases, no such right of reimbursement exists.  In the remainder of cases, the med pay insurer will be required to take a substantial reduction in what it … Continue Reading

Lawsuit Filed to Reduce or Eliminate ERISA Health Insurance Lien on BI Recovery

Posted in Liens Health Insurance / Erisa
A prominent personal injury firm has referred me their client in order to deal with an ERISA lien which is being asserted against a personal injury settlement.  The lien recovery firm is seeking 100% of the amount paid in medical benefits after an automobile accident, and is refusing to budge.  However, I believe I will be able … Continue Reading

Claim for Equitable Lien and Constructive Trust Allowed Against Law Firm for Reimbursement of Lien

Posted in Liens Health Insurance / Erisa
In Ward Mfg. v. Yeager, 2009 WL 1107891 (E.D. Pa. April 22, 2009), Yeager’s injury lawyers recovered money for personal injuries.  Ward had paid medical expenses associated with the injuries, and claimed a right to be reimbursed from the personal injury proceeds.  Ward filed an action under 29 USC Section 1132(a)(3) (2009) against Yeager and … Continue Reading

The Nation Law Firm – Lien Resolution Services Files Summary Judgment in Lawsuit to Eliminate HMO Lien

Posted in Liens Health Insurance / Erisa
Avmed HMO asserted a lien, or right of reimbursement, against a portion our client’s uninsured motorists settlement.  Although the amount of the alleged Lien – $9,749.51 – is relatively small, it is my position that HMO’s never have any lien on UM benefits.  When Avmed refused to voluntarily withdraw its claim of lien, I filed a … Continue Reading

Victory in Claim for Health Benefits Against Blue Cross and Blue Shield of Florida

Posted in Health Benefits, Liens Health Insurance / Erisa
Federico A. was involved in a serious car accident and as a result suffered extensive physical injuries. He was transported to the hospital for several emergency surgeries. The hospital promptly submitted his medical bills to his PPO health insurance company, Blue Cross and Blue Shield of Florida, for payment. The treatment had been rendered by … Continue Reading

Nation Law Firm Victorious in Significantly Reducing Health Insurance Lien

Posted in Health Benefits, Liens Health Insurance / Erisa
Many times, when a lawyer for a personal injury victim settles his or her client’s personal injury case, the health insurer will ask for a significant portion of the settlement for reimbursement of expenses which it incurred in paying for health care. This is known as "subrogration" or a "right of reimbursement."  Repeatedly, I have … Continue Reading

Nation Law Firm Victorious in Lawsuit to Reduce ERISA Health Insurance Liens

Posted in Liens Health Insurance / Erisa
Many times, when a lawyer for a personal injury victim settles his or her client’s personal injury case, the health insurer will ask for a significant portion of the settlement for reimbursement of expenses which it incurred in paying for health care. This is known as "subrogation" or a "right of reimbursement." Repeatedly, I have … Continue Reading