Marshall v. Employers Health Insurance

MEMORANDUM

CAMPBELL, District Judge.

Pending before the Court are cross-motions for summary judgment (Docket Nos. 18 and 21). This Court has jurisdiction pursuant to 28 U.S.C. § 1332 (Docket No. 11). For the reasons described herein, the Defendant’s Motion for Summary Judgment (Docket No. 18) is GRANTED and the Plaintiffs’ Motion for Summary Judgment (Docket No. 21) is DENIED.

This case raises novel ERISA issues regarding the preemption of Tennessee subrogation law and the “make whole doctrine” under the federal common law.

The Court holds: (1) Tennessee subrogation law, including the make whole…