Responsible Adults of Ligon Middle School Mock Trial students can fill out the information form here: Download Ligon Mock Trial Data Form
Click SEND on the top of the form or attach to an email to me.
I am often asked the question, "Is there a statute of limitations on ERISA subrogation claims." Most often, this question arises when a claim is settled and the lawyer had no knowledge of any ERISA subrigation rights and months or years later the lawyer receives a letter from a subrogation collection company.
Like so many legal questions, the answer is "maybe." Possibly the better answer is, "you are best off to not ever have to ask this question."
The reason for the later response is that the law is very unclear on when the statute of limitations begins to run on an ERISA subrogation claim. Obviously, if the Plan language sets out a clear statute for collecting on the claim, the answer may be easier, but I can't think of a Plan that has ever clearly set a statute within the subrogation language.
Because of that, the lawyer is left trying to reconcile federal ERISA law with state statutes of limitations and also to attempt to determine who had what notice of the insurance claim and when.
Professor Baron, one of the undisputed experts on ERISA law, wrote an excellent article setting out the case law on SOL issues in ERISA claims. I highly recommend you read this article: http://erisawithprofessorbaron.com/wp-content/uploads/Defeating-an-ERISA-Lien-with-the-Statute-of-Limitations.pdf
Professor Baron's website is treasure trove of good information on ERISA law: http://erisawithprofessorbaron.com/
I'm a little late posting this new statute on my blog because I was so involved in getting the new Medicaid subrogation statute trimmed down and written in a way that it would be workable for trial lawyers. These changes were the result of the US Supreme Court Ruling in Wos v EMA issued March 20, 2013.
The Governor signed the new bill incorporating the holding of Wos on July 18, 2013. The bill is effective immediately. You can view House Bill 982, in final mark-up version here: House Bill 982
Here are the things we KEPT in the old § 108A-57. Subrogation rights; withholding of information a misdemeanor:
One other excellent part of the new statute says Medicaid can compromise the liens at any time:
In the past, Medicaid took the position they could not negotiate their lien with recipients. This new portion allows for that negotiation to occur at any time, even before a petition is filed.
In NC, accident reports do not include the claims phone number for the liability insurance company. Here is a list of some claims phone numbers. Seriously think about calling a lawyer before you call the insurance company for the driver that hurt you. Call the Nichols Law Firm. The liability insurance company is NOT on your side..
Company Main claims number:
AIG Insurance Co. Personal: (800) 562-2208 Business: (877) 366-8423
Allied Mutual Insurance Co. (800) 282-9445
Allstate Insurance Co. (800) 386-6126
Amco Insurance Co. (800) 282-9445
American Casualty Co. (800) 437-8854
American Economy Insurance Co. (888) 557-5010
American Employers Insurance Co. In Mass.: (800) 284-6730Outside Mass.: (508) 549-9147
American Family Mutual Insurance Co. (800) 374-1111
American Home Assurance Co. Personal: (800) 562-2208 Business: (877) 366-8423
American International Ins Co. (800) 562-2208
American States Insurance Co. (888) 557-5010
Anthem Casualty Insurance Co. (800) 537-5568
Arbella Mutual Insurance Co. (617) 328-2800
Arkwright Mutual Insurance Co. (781) 890-9300 ext. 2502
Atlanta Casualty Co. (770) 447-8930
Atlantic Mutual Insurance Co. (800) 945-7461
Auto-Owners Insurance Co. (517) 323-1365
Berkshire Mutual Insurance Co. (800) 892-8877
Birmingham Fire Insurance of PA (877) 366-8423
Buckeye Union Insurance Co. (312) 822-5000
California State Auto Assn. Inter-Ins (800) 922-8228
Camden Fire Insurance Assn. (888) 421-2111
CIGNA Property & Casualty Ins Co. (215) 761-1000
Cincinnati Insurance Co. Call your agent
Citizens Insurance Co. of America (800) 628-0250
Colonial Penn Insurance Co. (800) 523-4040
Commerce & Industry Insurance Co. (877) 366-8423
Commerce Insurance Co. (800) 221-1605
Commercial Union Insurance Co. In Mass.: (800) 284-6730 Outside of Mass.: (508) 549-9147
Continental Casualty Co. (312) 822-5000
Continental Insurance Co. (312) 822-5000
Coregis Insurance Co. (312) 849-5000
Country Companies Insurance Group (800) 846-0100
CUMIS Insurance Society Inc (800) 637-2676
Dairyland Insurance Co. (715) 346-9200
Deerbrook Insurance Co. (800) 253-6611
DeSoto Insurance Co. (888) 823-9754
Explorer Insurance Co. In Calif.: (800) 788-8984 Outside Calif.: (858) 350-2400
Farmers Insurance Group of Cos. (888) 516-5656
Fidelity & Deposit Co. of MD (800) 854-6011
Fire Insurance Exchange (323) 964-8911
Firemens Insurance Co. of Newark NJ (312) 822-5000
Foremost Insurance Co. (800) 527-3907
GEICO Indemnity Co. (800) 841-3000
General Accident Ins. Co. of America (CGU) (888) 421-2111
General Casualty of WI (888) 737-8256
General Insurance Co. of America (206) 545-5841
Georgia Farm Bureau Mutual Insurance Co. (912) 474-8411
Government Employees Insurance Co. (800) 841-3000
Grange Mutual Casualty Co. (800) 445-3030
Great American Insurance Co. (800) 724-7722
Great West Casualty Co. (800) 228-8040
Hanover Insurance Co. (508) 855-8000
Harleysville Insurance Cos. (800) 892-8877
Hartford Accident & Indemnity Co. Personal: (800) 243-5860 Business: 1-800-327-3636
Hartford Casualty Insurance Co. Personal: (800) 243-5860 Business: 1-800-327-3636
Hartford Fire Insurance Co. Personal: (800) 243-5860 Business: 1-800-327-3636
Horace Mann Insurance Co. (800) 999-1030
Infinity Southern Insurance Co. (800) 334-1661
Indiana Farm Bureau Insurance (888) 392-5246
Insurance Co. of North America (215) 761-1000
Insurance Co. of the State of PA Personal: (800) 562-2208 Business: (877) 366-8423
Integon National Insurance Co. (800) 468-3466
Interinsurance Exchange Auto Club So. (714) 850-5111
John Deere Insurance Co. (800) 635-3377
Kemper Auto and Home 1-888-216-6066 Kemper Insurance Co.
Kentucky Farm Bureau Mutual Ins. Co. Call your agent Lexington Insurance Co. (877) 366-8423
Liberty Insurance Corp. (800) 526-1547
Liberty Mutual Fire Insurance Co. (800) 526-1547
Liberty Mutual Insurance Co. (800) 526-1547
Lumbermens Mutual Casualty Co. Call your agent Medical Liability Mutual Ins Co. (212) 576-9850
Mercury Insurance Group (800) 489-4001
Metropolitan Property & Casualty Co. (800) 854-6011
Mid-Century Insurance Co. (323) 964-8911
Motors Insurance Corp. (313) 556-4632
National Fire Ins. Co. of Hartford (312) 822-5000
National Indemnity Co (402) 536-3000
National Union Fire Ins.Pittsburgh Personal: (800) 562-2208 Business: (877) 366-8423
Nationwide Mutual Fire Insurance Co. (800) 421-3535
Nationwide Mutual Insurance Co. (800) 421-3535
New Hampshire Insurance Co. (877) 366-8423
New Jersey Manufacturers Ins. Co. (609) 883-1300
New York Casualty Insurance Co. (800) 892-8877
North Carolina Farm Bureau Mutual Ins. (919) 782-1705 ext. 8693
North River Insurance Co. In Mass.: (800) 284-6730 Outside of Mass.: (508) 549-9147
Northern Assurance Co. of America (617) 725-7033
Occidental Fire & Casualty Insurance Co. (800) 525-7486
Ohio Casualty Insurance Co. (513) 867-3000
Oklahoma Farmers Union Mutual Insurance Co. (800) 364-1511
Omni Insurance Co. (800) 727-OMNI (6664)
Pacific Employers Insurance Co. (215) 761-1000
Phoenix Insurance Co. (800) 252-4633
Preferred Risk Mutual Insurance Co. (515) 267-5299
Progressive Casualty Insurance Co. (800) 274-4499
Progressive Northern Insurance Co. (800) 274-4499
Progressive Northwestern Ins. Co. (800) 274-4499
Progressive Specialty Insurance Co. (800) 274-4499
Protection Mutual Insurance Co. (847) 825-4474
Reliance Insurance Co. (215) 761-1000
Republic Underwriters Insurance Co. (214) 559-1270
Rockingham Mutual Insurance Co. (800) 662-5246
Royal Insurance Co. of America (800) 842-1918
Safeco Insurance Co. of America (800) 332-3226
Scottsdale Insurance Co. (480) 948-0505
Selective Insurance Co. of America (973) 948-2900
Sentry Insurance a Mutual Co. (715) 346-9200
Shelter Mutual Insurance Co. (800) SHELTER
Southern United Fire Insurance Co. (800) 851-9476
Standard Fire Insurance Co. (800) 252-4633
State Farm Fire & Casualty Co. (888) 613-3966
State Farm Indemnity Co. (888) 613-3966
State Farm Mutual Automobile Ins. Co. (888) 613-3966
Travelers (860) 277-0111
Trinity Universal Insurance Co. (214) 360-8039
Twentieth Century Insurance Co. (800) 211-7283
United Services Automobile Assn. (800) 531-8222
United States Fire Insurance Co. (800) 690-5520
USAA Casualty Insurance Co. (800) 531-8222
Utica Mutual Insurance Co. (800) 695-1914 Vesta Fire Insurance Corp. (800) 444-3928
Westfield Insurance Co. (800) 443-3311
Windsor Group (800) 852-8220
Worcester Insurance Co. (800) 892-8877
Zenith Insurance Co. (800) 440-5020
I found this link with MSPRC's website and thought it might be helpful to some of you. This link takes you to the PDF lists of all the Medicare diagnosis codes dating back to 2002. http://www.cms.gov/Medicare/Coding/ICD9ProviderDiagnosticCodes/codes.html
I received a question by email and it is a good one so I'm going to post the question and the answer:
Can a medical provider claim a lien under NCGS 44-49 if the medical bills have been paid by the workers compensation carrier prior to injured worker pursuing a third part claim against a tortfeasor?
Worker was injured, workers comp. paid his medical bills at the local hospital. A case was pursued against the negligent third party and we just received a lien notification letter from the hospital.
Can they do this?
No. A workers compensation (WC) medical payment is a "payment in full." The hospital submitted to WC, WC paid what is the allowable expense and the hospital has to write off the remainder. They don't get to double bill or bill for the unpaid portion.
I would write the hospital a letter asking them to set out in writing what what the total charges are, what they have been paid in the past, and what they are asking from your client now.
"As a result, North Carolina’s
waiver-related jurisprudence generally establishes that, in the
event that a party makes material use of discovery procedures
available in ordinary civil litigation that are not available in
arbitration, that party has waived the right to insist that
claims that were addressed during the discovery process be
submitted to arbitration.
The record in this case clearly establishes that, during
the deposition of Plaintiff Drake, Defendants questioned him for
approximately one hour concerning the matters that underlie the
relevant claims. The questioning of Plaintiff Drake concerning
the claims which Defendants now seek to have arbitrated occupied
some 48 pages of the deposition transcript. During the course
of this portion of Plaintiff Drake’s deposition, Defendants
“prompted [Mr. Drake] to admit certain facts regarding the
[claims].” Capps, 184 N.C. App. at 272, 645 S.E.2d at 829.
Although the exact amount of monetary cost that Plaintiff Drake -24-
incurred during the portion of the deposition that addressed the
relevant claims is not spelled out in the record, the Supreme
Court’s description of the showing needed in order to establish
the right to arbitration by engaging in discovery does not
include a cost-related component. Servomation Corp., 316 N.C. at
544, 342 S.E.2d at 854 (stating that a waiver of the right to
have a claim submitted to arbitration can be waived if the party
seeking arbitration “makes use of judicial discovery procedures
not available in arbitration”).
Thus, we conclude that the
trial court’s determination that Defendants waived their right
to have the relevant claims submitted to arbitration by engaging
in discovery that would not have been available as a matter of
right during the arbitration process has adequate support in
both the trial court’s findings and the record..."
PHILADELPHIA (AP) — Jurors in a landmark priest-abuse trial heard Monday about a priest-turned-camp prowler and another who allegedly bragged about having sex with three boys in one week.
Also Monday, two jurors were replaced by alternates, but a gag order prevents lawyer from discussing the reasons for the move.
Monsignor William Lynn is on trial for child endangerment and conspiracy. Lynn, 61, is the first Roman Catholic church official in the U.S. charged for his handling of priest-abuse complaints. Prosecutors say he helped the church bury them in secret files, far from the prying eyes of investigators, civil attorneys and concerned Catholics.
In the day's most startling testimony, a detective read internal church memos about a priest who allegedly "joked about how hard it was to have sex with three boys in one week." His accuser also stated that the priest had a "rotation process" of boys spending time sleeping with him.
Interestingly, North Carolina has no Statute of Limitation for criminal cases involving this type of sexual assualt. Unfortunately, the general rule for civil cases is that the civil statute of limitations runs three years after the last date of sexual abuse. If the abused person is a minor, the statute of limitations would begin to run when the minor reaches age 18, and expire 3 years later on the minor's birthday.
There is case law in NC for "recovered memory" cases, but the requirements for this exception to the statute of limitations on sexual abuse require expert testimony and almost a complete lack of awareness of the abuse until the memory was recovered.
For more infomation on sexual abuse cases in North Carolina, you can go to http://www.nicholstriallaw.com/PracticeAreas/Sexual-Abuse-Injury-Litigation.asp