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INCE v. AETNA HEALTH MANAGEMENT, INC.

No. 98-1718.

173 F.3d 672 (1999)

Vicki L. INCE, et al., on behalf of themselves and all persons similarly situated, Plaintiffs-Appellants, v. AETNA HEALTH MANAGEMENT, INC.; HealthPartners, Inc.; MedCenters Health Care, Inc., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 9, 1999.

Attorney(s) appearing for the Case

Jordan M. Lewis, Minneapolis, MN, argued (James R. Schwebel and Robert L. Lazear, on the brief), for Plaintiffs-Appellants.

Paula W. Theisen, Minneapolis, MN, argued, for Defendant-Appellee Aetna Health Management, Inc.

Donald M. Lewis, Minneapolis, MN, argued (Prasanta K. Reddy, on the brief), for Defendants-Appellees HealthPartners, Inc. and MedCenters Health Care, Inc.

Before BOWMAN, Chief Judge, LOKEN, Circuit Judge, and HAND, District Judge.

LOKEN, Circuit Judge.

This dispute concerns the manner in which a health maintenance organization asserted subrogation claims for health benefits provided to members who later recovered from third-party tortfeasors. MedCenters Health Care, Inc., is a health maintenance organization ("HMO") licensed by the Minnesota Commissioner of Health. See Minn.Stat. § 62D.04. MedCenters contracts with Minnesota employers to provide comprehensive medical care for their...

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