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· 10/11/2023

Barry v. Brandywine at Seaside Pointe

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a state anti-subrogation statute “directly controls the terms of insurance contracts by invalidating any subrogation provisions that they contain”
  • holding that state regulation of self-insured ERISA plans preempted while insured plans subject to indirect regulation because underlying insurance contracts regulable
  • holding that self-funded ERISA plans “are exempt from state regulation insofar as that regulation ‘relate[s] to’ the plans”
  • holding that, for ERISA qualified plans, ERISA preempted application of the anti-subrogation provision of the MVFRL
  • holding that self-funded employee benefit plans governed by ERISA are not subject to direct state regulation
  • holding that state laws may not abridge an employer’s right to enforce an ERISA-governed plan’s subrogation provision

Source: CourtListener parenthetical corpus (CC0).

Judges: Conner J.

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.