Liens Health Insurance / Erisa

My client settled her UM case for the available uninsured motorists limits.  Her HMO had paid for some of the medical care incurred as a result as the motor vehicle accident.  At the time of settlement, the HMO asserted a lien against the recovery for the full amount of all benefits it paid which were related

On June 1, I wrote about a declaratory judgment action I filed in order to reduce a $200,000 ERISA health insurance lien.  Prior to receiving the suit, the health insurer took an aggressive stance, and advised my client’s personal injury attorney that it would take $142,000 of the personal injury settlement.  Other than that meager reduction

Our client was severely injured in a car accident and his parents’ health insurer paid over $200,000 for medical expenses incurred as a result of the crash.  Our client’s personal injury attorney settled the case for the available BI and UM policy limits (plus some additional money from the UM carrier for alleged bad faith).  However, even

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

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

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

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