The Advisory Committee on Professional Ethics received an inquiry from a lawyer who represents a plaintiff in a personal injury lawsuit arising from a motor vehicle accident. Plaintiff participated in a self-funded health benefits plan (“Plan”) through his workplace. The Plan was established under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C.A.Section 1001 et seq. After the personal injury lawsuit was filed, the Plan requested that both plaintiff and his lawyer sign a subrogation agreement providing that the Plan will be reimbursed, from any settlement or judgment, for medical expenses it paid to the plaintiff.
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