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July 3, 2019

We are excited to announce our recent victory on an important ERISA subrogation case, MBI Energy Services, Inc. v. Robert Hoch. On July 3, 2019, the Eighth Circuit Court of Appeals issued a Published Opinion affirming the decision of the United States District Court for the District of North Dakota. In this case, attorneys from Russell, Oliver & Stephens filed a lawsuit on behalf of an ERISA plan after the participant refused to reimburse the Plan in accordance with the terms outlined in its SPD. The participant argued that the SPD was not the governing Plan document and that an Administrative Services Contract — which was silent as to reimbursement — was the governing document. The Court of Appeals, however, determined that the SPD was the Plan’s written instrument because it is the only document providing Plan benefits. The Court of Appeals also affirmed the dismissal of the Plan participant’s counterclaims against the Plan.

This is a great win for all of us handling ERISA subrogation. Please feel free to contact us directly to discuss the case. In fact, if you would like to discuss the case with Attorney Gordon Howard, who primarily handled this matter, please feel free to call him at 901-844-4449.

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