Legal Opinion
La Ley Recovery Systems-OB, Inc. v. United Healthcare Insurance Co.
District Court of Appeal of Florida
Decided March 2, 2016No. 15-0983Published
1Opinion of the CourtRothenberg, J.
The plaintiff, La Ley Recovery Systems-OB, Inc., a/a/o Dr. Olivio Blanco, Jr. (“La Ley”), appeals an order dismissing with prejudice its amended complaint filed against United Healthcare Insurance Company (“United”). We affirm because (1) the health plan clearly provides that United will not reimburse third parties, such as La Ley, that have been assigned benefits by a provider, and (2) La Ley’s state-law claims, which “relate to” a health plan governed by the Employee Retirement Income Security Act of 1974 (“ERISA”), are defensively preempted under section 514(a) of ERISA.
La Ley filed an…
2Cases cited5 opinions
- Villazon v. Prudential Health Care Plan, Inc.Supreme Court of Florida · 2003
- State Farm Mutual Automobile Insurance Co. v. MenendezSupreme Court of Florida · 2011
- ABRAHAM K. KOHL, DC v. Blue CrossDistrict Court of Appeal of Florida · 2007
- Bertoni v. Stock Bldg. SupplyDistrict Court of Appeal of Florida · 2008
- Neal v. HalliburtonLouisiana Court of Appeal · 1944