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· 10/18/1989

Canal Insurance v. Moore

Citations

  • 722 F. Supp. 302
  • 1989 U.S. Dist. LEXIS 12353
  • 1989 WL 123217

How courts have described this case

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

  • “Assuming a plan does not dictate the form of a valid assignment or bar assignment altogether, a court may draw upon federal common law in assessing whether any purported assignment was effective.”
  • anti-assignment clause providing that “[a]ll rights of the member to receive benefits are personal to the member and may not be assigned” rendered purported assignments under plans containing such clause void
  • “a provider who asserts a claim as an assignee of a participant or beneficiary to an ERISA plan has standing to sue as long as the litigant has a colorable claim to that status”
  • “[a] covered person may assign his or her right to receive plan benefits to a health care provider only with the consent of the benefits administrator, in its sole discretion, except as may be required by applicable law” (the “Consent Clause”)

Source: CourtListener parenthetical corpus (CC0).

Judges: Russell

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.