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The U.S. Court of Appeals for the Eighth Circuit, affirming a decision by the U.S. District Court for the District of Minnesota, has ruled that a health and welfare plan governed by the Employee Retirement Income Security Act of 1974 (“ERISA”) could not bring an action against non-ERISA insurance companies to determine who had primary responsibility to cover medical expenses incurred by their common insureds. The Eighth Circuit is the fifth federal circuit court of appeals to reach this conclusion in cases involving the same plan.

The Case

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