In an accident case , one often has to pay back your health insurance benefits . Why ? Subrogation is a doctrine that is generally governed by eqitable principles rather than terms of the contract giving rise to the subrogation claim . The purpose of subrogation is to prevent a double recovery . Therefore , one has to pay back the benefits paid by the health insurance company when your case has settled . Under certain circumstances you can avoid this repayment of benefits . Everyday , I see where the injured are not made whole as a result of the settlement process . The Tennessee Supreme Court has addressed this problem in the Made-Whole Doctrine. The Made-Whole Doctrine holds that ” an insured must be made whole before an insurer is entitled to reimbursement regardless of the policy language”. This rule does not apply in all cases . Please consult an attorney to find out if it applies in your case .
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