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In an "excess" or "supplemental" travel insurance policy where there is a 'first payer' clause, through the subrogation process an insurer is legally entitled to seek cost-sharing up to a certain percentage from a member's private group health insurance provider after the insurer pays out a travel insurance claim. [10]
At the time ERISA was enacted by the US Congress, however, subrogation for health insurers was uniformly prohibited in the United States. Such claims were deemed unlawful in all jurisdictions. The first reported judicial decision involving an effort of a health insurer to seek subrogation on a personal injury claim is the 1982 decision in Frost ...
The case also determined that the right of subrogation is fortified by an equitable lien over the proceeds of the claim against the third party. [1] [2] [3] Despite being recorded as the representative name for the syndicate in the litigation, Lord Napier was not actually insured by the stop loss insurers, and so was not affected by the ...
An auto insurance claim is essentially your way of notifying your insurance provider that you’ll need to use your policy to cover expenses after your car is damaged in a covered incident. The ...
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If the plaintiff then collects the amount of medical bills from the defendant, that amount is then typically paid by the plaintiff to the insurance carrier under principles of subrogation and indemnification. The collateral source doctrine has come under attack by tort reform advocates.
And if you lack insurance, you can start by seeking payment through your neighbor's insurance, if he or she has it. In April, a retired Milltown, Mont., man lost his 100-year-old two-story home ...
In insurance claims, a total loss or write-off is a situation where the lost value, repair cost or salvage cost of a damaged property exceeds its insured value, and simply replacing the old property with a new equivalent is more cost-effective. [1] [2] Such a loss may be an "actual total loss" or a "constructive total loss".