Ince v. Aetna Health Management, Inc., 1999 U.S. App. LEXIS 6352 (8th Cir. Apr 9, 1999)-Plaintiff sued to prevent plans from asserting subrogation claims at higher fee for services rates when plan paid some physicians at the lower capitated payments. Eighth Circuit held there was no breach of fiduciary duty since Minnesota allows the payor to recover the reasonable value of the services even if the payor pays less than the reasonable value.
