The Supreme Court has denied certiorari in a case involving New York’s anti-subrogation law. The decision, issued on February 23, 2015, supports a lower court’s ruling that the law is not preempted by the Employee Retirement Income Security Act (ERISA).
Subrogation is when an insurance company can seek reimbursement for funds paid on behalf of the insured. New York’s anti-subrogation law prevents private health insurers from seeking reimbursement for medical benefits paid out of a tort settlement. Last July, the U.S. Court of Appeals for the Second Circuit ruled that the law is not preempted by ERISA. More Supreme Court Denies Certiorari in Case involving New York Anti-Subrogation Law