Ashley Healthcare Plan v. Michael Dillard

KITCHENS, Justice,

for the Court:

¶ 1. O.D., a minor child, filed a petition in Pontotoc County Chancery Court for approval of a settlement her parents had negotiated with car insurance companies for injuries she had suffered in a car accident. On the day of the hearing, Ashley Healthcare Plan, O.D.’s health insurance coverage provider, which had a subrogation lien against the proceeds of O.D.’s claim, removed the case to federal court, arguing that the Mississippi law which required the chancery court’s approval of O.D.’s settlement claims, Mississippi Code Section 93-13-59, was preempted by…