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KOBOLD v. AETNA LIFE INS. CO.

No. 1 CA-CV 12-0315.

309 P.3d 924 (2013)

Matthew KOBOLD, a single man, Plaintiff/Counterdefendant/Appellee, v. The AETNA LIFE INSURANCE COMPANY, a foreign insurer, Third-Party Defendant/Appellant.

Court of Appeals of Arizona, Division 1, Department A.

September 5, 2013.

Attorney(s) appearing for the Case

Neal S. Sundeen and Knapp & Roberts, P.C. by David L. Abney , Scottsdale, Co-counsel for Plaintiff/Counterdefendant/Appellee.

Brownstein Hyatt Farber Schreck, LLP by John C. West , Phoenix, Attorneys for Third-party Defendant/Appellant.

OPINION

SWANN, Judge.

¶ 1 Arizona law generally forbids subrogation in personal injury cases. This case presents the question whether 5 U.S.C. § 8902(m)(1) of the Federal Employee Health Benefits Act ("FEHBA") preempts that Arizona law. We answer the question in the negative, and hold that Arizona law barring subrogation governs this dispute between an injured insured and his FEHBA insurer.

FACTS AND PROCEDURAL HISTORY

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