Plan Says High Court Should Deny Review In Coordination-Of-Benefits Dispute

Mealey's (February 8, 2018, 3:33 PM EST) -- WASHINGTON, D.C. — The high court should refuse to review an Eighth Circuit U.S. Court of Appeals panel’s 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 because the decision does not conflict with any other federal or state court opinion, a health plan argues in a Jan. 16 opposition to a 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., 2018 U.S. S. Ct. Briefs LEXIS 183;  Dakotas and Western Minnesota Electrical Industry Health and Welfare Fund v. First Agency, Inc., et al., No. 17-1008, U.S. Sup., 2018 U.S. S. Ct. Briefs LEXIS 202)....