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BENEFIT CONCEPTS v. MACERA

No. Civ.A. 04-183.

413 F.Supp.2d 404 (2005)

BENEFIT CONCEPTS, as Plan Administrator for Don Rosen Cadillac Employee Medical Plan v. Carmelann MACERA

United States District Court, E.D. Pennsylvania.

June 6, 2005.

Attorney(s) appearing for the Case

Andrew Marshall Smith, Bateman & Smith, PC, Philadelphia, PA, for Benefit Concepts, as Plan Administrator for Don Rosen Cadillac Employee Medical Plan.

Jerry Lyons, Joseph Chaiken & Associates, PC, Philadelphia, PA, for Carmelann Macera.

MEMORANDUM

DALZELL, District Judge.

This case requires us to determine the effect of a Pennsylvania insurance statute on an employee benefit plan's subrogation rights. The parties' cross-motions for summary judgment1 are before us.

Factual Background2

On April 1, 1997, Howard E. Dade, Sr. caused an automobile accident in...

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