"ERISA common law" rescinds insurance coverage obtained fraudulently
Article Abstract:
The Sixth Circuit Court of Appeals has ruled that the Employee Retirement Income Security Act (ERISA) permits insurers to invalidate health care plans fraudulently obtained by employees during application. In a particular case, the district court decided that ERISA preempted Ohio's insurance law which allowed the insurer to annul claims made due to intentional misstatement. The Sixth Circuit reversed the lower court's decision and contended that the insurer's decision to terminate the contract may be valid under ERISA common law.
Publication Name: Journal of Compensation and Benefits
Subject: Insurance
ISSN: 0893-780X
Year: 1998
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ERISA. Court dismisses breach of ERISA fiduciary duty and Rico claims against United Healthcare
Article Abstract:
The U.S. District Court for the District of Nebraska dismissed two ERISA claims against the United HealthCare Insurance Co. brought by Ms. Wineinger on behalf of herself and other members of United HealthCare's health plan challenging the company's co-payment plan provision that required an additional 10 percent payment above the service contract rate.
Publication Name: Journal of Compensation and Benefits
Subject: Insurance
ISSN: 0893-780X
Year: 2000
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Decision endangers retiree health coverage
Article Abstract:
The author examines recent court rulings that may have an adverse effect on retired employ medical insurance coverage.
Publication Name: Journal of Compensation and Benefits
Subject: Insurance
ISSN: 0893-780X
Year: 2001
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