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McCutchen may influence other court decisions

The recent 3rd U.S. Circuit Court of Appeals ruling in U.S. Airways, Inc. v. McCutchen, 2011 U.S.App.LEXIS 22883 (3d Cir. Nov. 16, 2011) dealt with the question of whether the equitable doctrine of unjust enrichment could be used to mitigate an ERISA benefit plan’s claim for reimbursement. McCutchen involved a claim brought by a medical […]

Claimant not required to exhaust issues

A recent health insurance case, Vaught v. Scottsdale Healthcare Corp. Health Plan, 2008 U.S.App.LEXIS 20918 (9th U.S. Circuit Court of Appeals, Sept. 29), dealt with the issue of whether medical expenses incurred in a drunken driving motorcycle accident were covered under the plaintiff’s health insurance plan. However, before addressing the merits of the underlying claim, […]