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 .
The Legal Examiner and our Affiliate Network strive to be the place you look to for news, context, and more, wherever your life intersects with the law.
Comments for this article are closed.