With assistance from Kristi Gauthier, Ed Hammond, Peter Domas and Bishop Bartoni, Kevin Hendrick and Nicole Tersigni successfully defended an insurance priority dispute, resulting in an extremely favorable judgment for firm client, United States Steel Corporation’s ERISA-governed Retiree Benefits Plan. U. S. Steel Retirement Plan was joined as a third-party defendant in a pending dispute by a No-Fault Automobile Insurance carrier, which had been sued by a healthcare service provider for unpaid patient attendant care fees. The No-Fault Carrier claimed that the obligation to pay for these services under Michigan No-Fault law fell to U. S. Steel Retirement Plan, which covered the patient (who was a former U. S. Steel employee). Ed, Bishop, Kristi and Peter lent their expertise to Kevin and Nicole in interpreting alleged conflicting insurance priority provisions and explanations of benefits. Kevin and Nicole crafted a legal argument that ultimately led to summary disposition in favor of U.S. Steel Plan, and against the No-Fault carrier, saving U.S. Steel Plan from payment of the healthcare fees, and also reimbursing U.S. Steel Plan for benefits it had earlier paid by mistake, out of priority. As the No-Fault carrier had rejected the Case Evaluation award prior to the filing of cross motions for summary disposition, it also appears that attorney fees are recoverable for our client. Kristi and Ed on Employee Benefit law, Bishop on Michigan No-Fault law, and Pete on Health Care issues, proved to be unbeatable resources.
Public Sector Employee Benefits
Our Employee Benefits team offers extensive experience representing public sector clients in all areas of employee benefits law. We have provided comprehensive legal counsel to many public sector clients with respect to employment and employee benefits-related matters in addition to other relevant legal issues, such as litigation, government relations advocacy, and public finance/bond counsel.
Our firm delivers not only the experience gained over decades of public sector law practice, but also the significant resources of our other specialties, cutting edge practice technology, and an array of other resources which provide our clients with cost-effective, timely counsel. Where other lawyers might expend hours in researching a question or in finding a suitable “pattern” to follow in a transaction, our attorneys can often address an issue quickly because we maintain vast data bases to use to support us in a particular matter or transaction.
We understand the laws which relate to governmental plans, including the inapplicability of ERISA and various provisions of the Internal Revenue Code. We represent a number of large governmental pension plans on tax compliance, fiduciary and investment matters. We have several attorneys who are members of the National Association of Public Pension Attorneys (NAPPA).