Legal Opinion
Kobold v. Aetna Life Insurance
Court of Appeals of Arizona
Decided September 5, 2013No. 1 CA-CV 12-0315PublishedCited by 9 opinions
1Opinion of the Court
OPINION
SWANN, Judge.
¶ 1 Arizona law generally forbids subrogation in personal injury cases. This case presents the question whether 5 U.S.C. § 8902(m)(l) of the Federal Employee Health Benefits Act (“FEHBA”) preempts that Arizona law. We answer the question in the negative, and hold that Arizona law barring subrogation governs this dispute between an injured insured and his FEHBA insurer.
FACTS AND PROCEDURAL HISTORY
¶2 In October 2006, Kobold, a federal employee, was injured in a motorcycle accident. At the time of the accident, Kobold was entitled to health care benefits under an insurance…
2Cases cited13 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- New York State Conference of Blue Cross & Blue Shield Plans v. Travelers InsuranceSupreme Court of the United States · 1995
- Empire Healthchoice Assurance, Inc. v. McVeighSupreme Court of the United States · 2006
- Bates v. Dow Agrosciences LLCSupreme Court of the United States · 2005
- Cathedral Candle Co. v. United States International Trade CommissionCourt of Appeals for the Federal Circuit · 2005
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Helfrich v. Blue Cross & Blue Shield AssocCourt of Appeals for the Tenth Circuit · 2015
- Jodie Nevils v. Group Health Plan, Inc., and ACS Recovery Services, Inc.Supreme Court of Missouri · 2014
- Teresa Bell v. Blue Cross & Blue Shield of OKCourt of Appeals for the Eighth Circuit · 2016
- Kobold v. Aetna Life InsuranceCourt of Appeals of Arizona · 2016
- Estate of Ethridge v. Recovery Management Sytems, Inc.Court of Appeals of Arizona · 2014
4 more not listed; retrieve them via the Exa API.