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ERISA liens - AFL v Bosque

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A recent decision of the Hawaii Supreme Court, AFL Hotel Restaurant Workers v Bosque, Civ No. 03-1-0264 (April 28, 2006) has helped to clarify Hawaii law on medical lien claims against personal injury recoveries. The case clearly indicates that without a separate reimbursement agreement, an ERISA plan that paid medical benefits is unable to enforce any lien claims at least in the Hawaii courts. Conversely, however, to the extent that a reimbursement agreement exists, the case appears to hold that that separate document creates a state law cause of action and this action can be brought in Hawaii state court - even though the action seeks to enforce plan reimbursement provisions which are unique to ERISA and overreaching under Hawaii state law. An appeal of the latter result is under consideration.

 

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Accident Lawyer Hawaii

William H. Lawson, Esq. and
Amy L. Woodward, Esq.

Century Square
1188 Bishop St. Suite 2902
Honolulu, HI 96813

New client hotline:
(808) 524-5300

Pearl City, Aiea and Waipahu:
(808) 671-7600

Main business phone:
(808) 528-2525


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Products Liability - Cases & Comment



Jones Act- maritime law and seaman cases



The Constitution Of The State Of Hawaii


Recent Personal Injury and Car Accident News


Game Truck Georgia was recently hit with a $4.7 million judgment for injuries arising out of a game of "bubble soccer". But this was after they had pleaded with their insurer to settle those same claims for a pretrial offer of $1 million - which was within their policy limits. Their insurer, Atlantic Specialty Insurance, declined those offers and forced the case to trial. Now the attorneys for Game Truck Georgia are chasing their own insurance company for its bad faith refusal to settle - a refusal which led to the insolvency and desctruction of their business.





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