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Category Archives: Med Pay

Illinois Animal Control Act

Pets have a tendency to make their way into subrogation files. The inevitable question we ask is whether a cause of action to base recovery upon exists. In Illinois, the Illinois Animal Control Act supplements the general common law rule. The owner or keeper of an animal is liable for injuries caused by the animal… Read More »

Indiana Med Pay Subrogation Statute

The Indiana Medical Payment Subrogation Statute, Indiana Code 34-53-1-2, requires insurance carriers to use its insured’s attorney as its own attorney for its medical payments lien when an insured files a personal injury lawsuit. The statute requires the insured’s carrier pay the insured’s attorney “the insurer’s pro rata share of the reasonable and necessary costs… Read More »

Further Examination of the Made Whole Doctrine

A health benefit provider’s subrogation interest will not be given priority where doing so will result in less than a full recovery to the insured. Ohio courts have consistently enforced the Made Whole Doctrine. Under the Made Whole Doctrine, a health benefit provider’s subrogation interest will not be given priority where doing so will result… Read More »

Federal Bankruptcy Code May Circumnavigate Automatic Stay

While the frequency of Bankruptcy filings is unpredictable year over year, their presence is certain when pursuing subrogation claims. Now, throw into the mix an unsteady economy and the threat of a Defendant filing for bankruptcy is present. The Federal Bankruptcy Code provides for insurers to get around the automatic stay of a bankruptcy filing… Read More »

New Ohio Med Pay Law

New Law titled, “Rights of Subrogee” attempts to reduce medical pay liens and could interfere with your company and insured’s insurance policy language. While some companies are aligning with the law and changing recovery rights, others believe the opposite. Under the Ohio Budget Bill, Governor John Kasich passed Ohio Revised Code 2323.44 that took effect… Read More »