Health plans--enforcement of right to reimbursement not available under ERISA Section502(a)(3)

Article Abstract:

In the case Great-West Life & Annuity Insurance Company v. Janette Knudson, the U.S. Supreme Court reiterated its hesitancy to change the enforcement structur e configured in ERISA by allowing remedies that ERISA did not specifically author ize in its text. The court held that Section502(c)(3) does not authorize a plan to bring an action to enforce the plan's reimbursement provisions because recovering monetary damages for reimbursement is not relief that generally is available in equit y and consequently, is not "othe r equitable relief" within the meaning of Section502(a)(3).

Life insurance industry, Knudson, Janette, Great-West Life and Annuity Insurance Co.

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Health plans - false enrollment information - standard of review

Article Abstract:

The decision given by the Eighth Circuit Court of Appeals in the case of Shipley v. Arkansas Blue Cross and Blue Shield, 2003 U.S. App. LEXIS 13256 (8TH Cir. 2003) is presented. The case is about administrator's discretionary powers to collect information from enrollment form in employer's ERISA health plan, which formed an integral part of the contract of insurance. William Shipley filed the case.

Insurance fraud, United States. Court of Appeals for the 8th Circuit, Shipley, William, Arkansas Blue Cross and Blue Shield

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Standard of review - arbitrary and capricious

Article Abstract:

The decision given by the U.S. Court of Appeals for the First Circuit in the case of Lopes v. Metropolitan Life Insurance Company, 443 F.3d 1 (1st Cir. 2003) is presented. The case is about using administration discretion for determining the eligibility for employee benefit. George Lopes, an employee of Fishbach Corporation filed the suit under ERISA.

Engineering Services, Executive changes & profiles, Engineering for Plastic, Rubber Prodcts, Officials and employees, Engineering firms, Employee benefits, Fiduciary duties, Metropolitan Life Insurance Co., United States. Court of Appeals for the 1st Circuit, Lopes, George, Fishbach Corp.

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