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Wurtz v. Rawlings: Why Health Insurers May No Longer Seek Any Part Of Settlement Funds (AT LEAST IN NY)
Published by New York State Trial Lawyers Association

2.0 Skills credits

In 2009, General Obligations Law § 5-335 was enacted to prevent third-party benefit providers, including health insurers, from asserting liens, reimbursement, or subrogation claims unless there was a statutory right to reimbursement, such as for Medicaid or Medicare payments.

The Wurtz v. Rawlings case threatened to up-end GOL § 5-335 when the District Court found the statute to be preempted by ERISA (29 U.S.C. § 1001 et seq.). The Second Circuit Court of Appeals reversed the District Court’s ruling, but left practitioners with many questions.

Please join David Preminger, architect of the Wurtz amicus brief, and Carmine Rubino for a discussion of the implications of the Wurtz decision to your practice.

David Preminger
Keller Rohrback LLP
Matthew M. Gaier, Esq.
Kramer Dillof Livingston & Moore
Originally Published
January 22, 2015

Program Titles and Supporting Materials
This program contains the following components:
  1. Wurtz v. Rawlings - Video
  2. Wurtz v. Rawlings - Audio
  3. Wurtz v. Rawlings - Paper

How To Attend
Join the self-paced program from your office, home, or hotel room using a computer and high speed internet connection. You may start and stop the program at your convenience, continue where you left off, and review supporting materials as often as you like.

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If applicable, you may obtain credit in multiple jurisdictions simultaneously for this program (see pending/approved list below). If electing credit for this program, registrants in jurisdictions not listed below will receive a Certificate of Completion that may or may not meet credit requirements in other jurisdictions. Where applicable, credit will be only awarded to a paid registrant completing all the requirements of the program as determined by the selected accreditation authority.

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