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NEVILS v. GROUP HEALTH PLAN

No. SC 93134.

492 S.W.3d 918 (2016)

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

Supreme Court of Missouri, en banc.

Opinion issued May 3, 2016.

Attorney(s) appearing for the Case

Nevils was represented by Jon Campbell , Erich Vieth and Alicia Campbell of Campbell Law LLC in St. Louis, (314) 588-8101; Mitchell L. Burgess , Keith C. Lamb and Blake P. Green of Burgess & Lamb PC in Kansas City, (816) 471-1700; Ralph K. Phalen of Ralph K. Phalen Attorney at Law in Kansas City, (816) 589-0753; and Don P. Saxton of the Saxton Law Firm LLC in Kansas City, (816) 471-1700.

Group Health Plan (now Coventry) was represented by Thomas N. Sterchi and David M. Eisenberg of Baker Sterchi Cowden & Rice LLC in Kansas City, (816) 471-2121; Thomas M. Dee , Melissa Z. Baris , Mark G. Arnold and Elizabeth A. Mushill of Husch Blackwell LLP in St. Louis, (314) 480-1500; and Miguel A. Estrada and Jonathan C. Bond of Gibson, Dunn and Crutcher LLP in Washington, D.C., (202) 955-8500. ACS was represented by Winthrop B. Reed III , Steven D. Hall , Richard A. Ahrens , Neal F. Perryman and Ronald B. Ziegler of Lewis Rice LLC in St. Louis, (314) 444-7600.

Two organizations filed briefs as friends of the Court. The United States of America was represented by Nicholas P. Llewellyn of the United States attorney's office in St. Louis, (314) 539-7637, and Henry C. Whitaker of the United States Department of Justice in Washington, D.C., (202) 514-3180. The Association of Federal Health Organizations was represented by Christopher O. Bauman of Blitz, Bardgett & Deutsch LC in St. Louis, (314) 863-1500; and David Ermer of the Ermer Law Group PLLC in Washington, D.C., (202) 833-3400.

In Nevils v. Group Health Plan, Inc., 418 S.W.3d 451, 457 (Mo. banc 2014), this Court held that 5 U.S.C. section 8902(m)(1) of the Federal Employee Health Benefits Act (FEHBA) did not preempt Missouri law prohibiting subrogation of personal injury claims. The United States Supreme...

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