Insurer Argues 8th Circuit Erred In Finding ERISA Plan Can File Claim Against Insurer

(January 3, 2018, 5:07 PM EST) -- WASHINGTON, D.C. — An Eighth Circuit U.S. Court of Appeals panel erred in ruling that an Employee Retirement Income Security Act plan can bring a declaratory judgment claim to enforce the plan’s coordination of benefits provision against a blanket insurer in a dispute over whether the plan or the insurer had to provide primary coverage for medical expenses incurred by an injured student athlete, the insurer argues in a Dec. 13 petition for writ of certiorari filed in the U.S. Supreme Court (First Agency, Inc., et al. v. Dakotas and Western Minnesota Electrical Industry Health and Welfare Fund, No. 17-863, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 4976)....

Related Sections