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The first reported judicial decision involving an effort of a health insurer to seek subrogation on a personal injury claim is the 1982 decision in Frost v. Porter Leasing Corp., 436 N.E.2d 387 (Mass. 1982) in which subrogation was denied. “ERISA reimbursement” claims began arising in the late 1980s and have been resisted by some federal ...
New Jersey’s Affidavit of Merit Statute (NJ Rev Stat § 2A:53A-27 (2013)) was signed into law in 1995. The statute states that if a person sues for injury, death, or property damage because of a professional's mistake or carelessness, they must provide a special letter from an expert within 60 days after the other side responds to their ...
Subrogation is an equitable remedy, having first developed in the English Court of Chancery. It is a familiar feature of common law systems. Analogous doctrines exist in civil law jurisdictions. Subrogation is a relatively specialised legal field; entire legal textbooks are devoted to the subject. [3] [4]
Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan, 577 U.S. ___ (2016), was a case in which the Supreme Court of the United States clarified subrogation procedures under the Employee Retirement Income Security Act ("ERISA"). [1]
Jaynee LaVecchia, the State Commissioner of Banking and Insurance, proposed legislation to create a fund to pay the costs of future HMO failures in New Jersey. [2] The company offered a range of health insurance plans for individuals, families, and small businesses, including HMO, PPO, and EPO plans.
The Supreme Court of New Jersey is the highest court in the U.S. state of New Jersey.In its current form, the Supreme Court of New Jersey is the final judicial authority on all cases in the state court system, including cases challenging the validity of state laws under the state constitution.
Former New Jersey Supreme Court Justice James H. Coleman Jr., the state's first Black associate justice, who experienced systemic racism as a sharecropper's son in Virginia and later as a ...
The New Jersey Superior Court, Appellate Division (in case citation, N.J. Super. Ct. App. Div) is the intermediate appellate court in New Jersey. "The Appellate Division of New Jersey's Superior Court is the first level appellate court, with appellate review authority over final judgments of the trial divisions and the Tax Court and over final decisions and actions of State administrative ...