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NEVILS v. GROUP HEALTH PLAN, INC.

No. SC 93134.

418 S.W.3d 451 (2014)

Jodie NEVILS, Nevils, v. GROUP HEALTH PLAN, INC., and ACS Recovery Services, Inc., Respondents.

Supreme Court of Missouri, En Banc.

February 4, 2014.

Attorney(s) appearing for the Case

Blake P. Green , Mitchell L. Burgess and Keith C. Lamb of Burgess & Lamb PC, Don P. Saxton of Saxton Law Firm LLC, Ralph K. Phalen of Ralph K. Phalen, Attorney at Law, Kansas City, John Campbell and Erich Vieth of The Simon Law Firm PC, St. Louis, for Nevils.

Thomas M. Dee , Mark G. Arnold , Melissa Z. Baris and Elizabeth A. Mushill , Husch Blackwell LLP, St. Louis, for GHP.

Winthrop B. Reed III , Richard A. Ahrens , Steven D. Hall , Neal F. Perryman , R. Bradley Ziegler , Lewis Rice Fingersh , St. Louis, for ACS.

Stuart F. Delery Acting Assistant Attorney General, Richard G. Callahan U.S. Attorney, Nicholas P. Llewellyn Assistant U.S. Attorney, U.S. attorney's office, St. Louis, Alisa B. Klein and Henry C. Whitaker , appellate staff attorneys for the U.S. Department of Justice civil division, Washington, D.C., for two parties submitted briefs as friends of the Court.

David M. Ermer , Ermer Law Group, Washington, D.C., Christopher O. Bauman , Blitz, Bardgett & Deutsch, St. Louis, for the Association of Federal Health Organizations.

RICHARD B. TEITELMAN, Judge.

Jodie Nevils (Appellant) filed suit against Group Health Plan, Inc., (GHP) and ACS Recovery Services, Inc., (ACS) (collectively Respondents) after Respondents enforced a subrogation lien against Nevils's settlement of a personal injury claim. The trial court, consistent with Buatte v. Gencare Health Sys., Inc., 939 S.W.2d 440 (Mo.App.1996), entered summary judgment in favor of Respondents on grounds...

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