• The Right of Subrogation in ERISA Plans and Its Application in Connecticut
  • April 25, 2006 | Author: Joseph N. DeFilippo
  • Law Firm: Morrison Mahoney LLP - Hartford Office
  • There have been numerous changes in both state and federal law regarding the rights of insurers to recover payments under certain medical or health insurance plans. The real difficulty arises when a distinction is made between medical and health plans governed by federal law (ERISA plans) and those governed by state law. A long line of federal cases have determined that medical and health plans that are self funded would be governed by ERISA, and federal law would preempt state law prohibitions on contractual rights of recovery, such as the prohibition in Connecticut General Statutes ยง52-225c.