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Reimbursement of your health insurer

July 17, 2007 by Jonathan Stein

Thankfully, we do not live in Texas. The Texas Supreme Court recently ruled that when a plaintiff sues a defendant, the plaintiff’s health insurer gets reimbursed before the plaintiff. So, you pay those health insurance premiums in Texas, you use your benefits after a car crash, you sue for medical bills and “pain and suffering” and most of the money is going back to your health insurer, who you already paid for the coverage in the first place.

Thankfully, in California, the courts enforce the “make whole” doctrine. This basically says you have to be made whole before you have to pay back your health insurer. There is still some dispute about it, but you are much better off in California right now than you are in Texas. The Supreme Court there is doing a number on plaintiffs.

Categories: Claims, Current Affairs, Law, Personal Injury

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