Legal Opinion

Wimer v. Pennsylvania Employees Benefit Trust Fund

Supreme Court of Pennsylvania

Decided December 27, 2007No. 38 WAP 2006PublishedCited by 23 opinions

1Opinion of the Court

OPINION

Justice BAER.

We granted review in this healthcare subrogation case to address the following issues. First, whether a recipient of healthcare benefits paid by the Pennsylvania Employees Benefit Trust Fund (hereinafter “PEBTF” or “Appellant”) is contractually obligated, when challenging a subrogation claim and a termination of healthcare benefits, to exhaust internal appeals to PEBTF’s Board of Trustees prior to seeking recourse through filing an action for declaratory judgment with a court. Second, whether PEBTF’s right to subrogation against a healthcare recipient’s recovery from a…

2Cases cited25 opinions

  1. FMC Corp. v. HollidaySupreme Court of the United States · 1990
  2. Abraham WELDON, Appellant, v. KRAFT, INC.Court of Appeals for the Third Circuit · 1990
  3. Arthur Fallick v. Nationwide Mutual Insurance Company Nationwide Life Insurance CompanyCourt of Appeals for the Sixth Circuit · 1998
  4. Metropolitan Life Insurance v. PriceCourt of Appeals for the Third Circuit · 2007
  5. Farabaugh v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 2006

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3Cited by23 opinions

  1. Ario v. Reliance InsuranceSupreme Court of Pennsylvania · 2009
  2. Pennsylvania Bankers Ass'n v. Pennsylvania Department of BankingSupreme Court of Pennsylvania · 2008
  3. Missett v. Hub International Pennsylvania, LLCSuperior Court of Pennsylvania · 2010
  4. In re Estate of DevoeSuperior Court of Pennsylvania · 2013
  5. Professional Flooring Co. v. Bushar Corp.Superior Court of Pennsylvania · 2016

18 more not listed; retrieve them via the Exa API.

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