60. Empire Healthchoice Assurance v. McVeigh, 547 U.S. 677 (2006)
In reimbursement action brought by insurance co. insuring fed. employees under FEHBA, Court held that no federal jurisdiction existed. Additionally, Court strongly implied that since a personal injury action was a creature of state law, reimbursement issues in such an action could also be resolved pursuant to state law as long as such law did not violate any federal law in the statute.
61. Weston Reid LLC v. AIG (2009) 174 Cal.App.4th 940
A UM/UIM recovery is not subject to the provisions of the Hospital Lien Act. 62. Gilman v. Dalby (2009) 176 Cal.App.4th 606
In addressing a medical factoring company’s lien against a personal injury case, ct held that an attorney’s subsequent lien for fees and costs takes priority over the prior medical lien. “...we conclude that, as a matter of public policy, a medical lien against the recovery in a personal injury lawsuit is not equal in equity to an attorney lien for fees and costs created by a retainer agreement to litigate the lawsuit.”
62. 21st Century Ins. Co. v. Superior Court of San Diego County (Quintana, real party) (2009) 47 Cal.4th 511
Attorneys fees and costs cannot be considered in applying the make whole defense to insurance reimbursement. Constructively overrules Chong, #44 above).
63. Longaberger Co. v. Kolt, 586 F.3d 459 (6th Cir. 459)6th Cir.
Held a law firm liable for non-payment of client’s ERISA lien on theories of constructive trust and equitable lien from firm’s attorneys fees earned in the case. Rejected argument by attorney that his attorneys fee lien was a charging lien entitled to priority. NOTE WELL—this case has been followed by a Sacramento federal district court in AC Houston v. Berg (12/9/09) in holding attorney liable to ERISA plan out of its fees, despite Gentner case (#14 above). AC Houston v. Berg reversed—see # 65 below.
64. Lopez v. Daimler-Chrysler (2009) 179 Cal.App.4th 1373
Court followed Bolanos (#53) and Lima (#53A) in affirming reduction of Medi-Cal lien based upon the apportionment formula from Ahlborn (#40). Applied new W&I 14124.76.
Mark C. Blane is a San Diego Auto Accident Attorney, and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Personal Injury Law Firm devoted to representing families of injured persons of automobile accidents. If you or someone you love, has been injured or killed in San Diego County, or Southern California, due to the negligence of another, please order your FREE copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information, insights, and secrets that will help you protect your legal rights. It normally sells for $16.95; however, it is free to all California residents, or those injured in a California accident.