Anthem Life Insurance Co. couldn’t convince a federal judge to dismiss a proposed class’s state-law claim seeking to prohibit the insurer from obtaining reimbursement out of personal injury settlements (Yost v. Anthem Life Ins. Co., 2016 BL 249685, M.D. Pa., 3:16-CV-00079, 8/2/16).
Judge Robert D. Mariani Aug. 2 held that the Pennsylvania auto insurance law that prohibits subrogation clauses in insurance contracts isn’t preempted by the Employee Retirement Income Security Act. The Pennsylvania law is “saved” from ERISA preemption because it regulates insurance, Mariani said, denying in part Anthem’s motion to dismiss.
Eris Yost filed a proposed ...
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