Legal Question in Insurance Law in Florida

health insurance

When did they law go into effect stating that if a lawsuit is settled and family of the wrongful death has money coming to them from the estate of the law suit, the insurace company is due money back from covering medical exspenses that their contracted facilty caused the wrongful death?


Asked on 9/27/07, 10:11 am

2 Answers from Attorneys
Mark Nation The Nation Law Firm

Re: health insurance

In many cases, the health insurance company who paid the bills are entitled to be repaid from the settlement proceeds. There are exceptions depending on the circumstances. One exception is where the victim recovers the entire policy limits, and thus is not "made whole" by the settlement. This exception does not always apply if the health insurance policy is provided through work. (Usually, you do not have to repay the health insurer if several conditions are met: 1) policy limits are recovered or the victim has not otherwise been "made whole;" 2) the health insurance is a private policy, or issued to a governement worker or religiously affiliated employer.

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Answered on 9/27/07, 10:17 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: health insurance

It has been the law for a long time now. It is a complicated part of the law and the amopunt that is repaid depends on a lot of different facts.

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Answered on 9/27/07, 10:19 am


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