· 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 CourtListenerSourced 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.