STATE FARM MUT. AUTO. INS. CO. v. SMITH

No. 1:04 CV 00082.

342 F.Supp.2d 541 (2004)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, v. Tony Montana SMITH, et al. Defendants.

United States District Court, W.D. Virginia, Abingdon Division.

November 1, 2004.


Attorney(s) appearing for the Case

James E. Rasnic, Ward, Bishop & Rasnic, P.C., Bristol, VA, for Plaintiff.

A. Benton Chafin, Chafin Law Firm, P.C., for Defendants Tony Montana Smith and Brenda Smith.

Thomas H. Lawrence, Lawrence & Russell, L.L.P., Memphis, TN, for Defendant BlueCross BlueShield of Tennessee, Inc.

John M. Scannapiece, Boult, Cummings, Conners, & Berry, PLC, Nashville, TN, for Defendant CHS/Community Health Systems, Inc. Group Health Plan.


OPINION AND ORDER

JONES, Chief Judge.

In this ERISA case, the question is whether the Virginia antisubrogation statute applies to medical expenses paid by an employee welfare benefit plan for the victim of an automobile accident, where the plan was self-funded for the medical benefits paid, but offered vision care benefits that were funded by insurance. I hold that the fact that the plan in question offered other separate insured benefits, not involved in...

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