South Dakota State Medical Holding Company, Inc. V. Hofer: A Deferential Standard of Review Permits ERISA Administrators to Contravene Their Fiduciary Obligations. by South Dakota Law Review

Book Review : South Dakota State Medical Holding Company, Inc. V. Hofer: A Deferential Standard of Review Permits ERISA Administrators to Contravene Their Fiduciary Obligations.

By South Dakota Law Review

  • Publication Date: 2009-06-22
  • Genre: Education

Book Review

1. INTRODUCTION In July 2007, the federal district court in the Western Division of South Dakota considered South Dakota State Medical Holding Co. v. Hofer, (1) in which an ERISA plan sought to enforce a subrogation provision against a plan beneficiary. (2) The beneficiary, Janet Hofer, survived a terrible motorcycle accident with her husband, Terry Hofer, and suffered serious injuries. (3) Her medical bills, which DakotaCare initially paid, totaled over $400,000. (4) After Mrs. Hofer recovered $250,000 from her husband's motorcycle insurance policy, however, DakotaCare pursued the subrogation rights it had written into the plan documents and ultimately recovered the entire settlement. (5)

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