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Home / Opinion Digests / Insurance – ERISA – Personal Injury Settlement – Subrogation Clause – Preemption (access required)

Insurance – ERISA – Personal Injury Settlement – Subrogation Clause – Preemption (access required)

Although the district court held that a North Carolina statute, N.C. Gen. Stat. § 44-50, limited a medical provider's recovery under the subrogation clause in an employee benefit plan to 50 percent of the amount of the employee's settlement of her personal injury suit, the state apportionment statute is in fact preempted by the ...

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