SB 0743 Allows Subrogation of Health Insurers to Right of Recovery
LR Number:S2898.04P Fiscal Note:2898-04
Committee:Insurance and Housing
Last Action:04/16/96 - Reported Do NOT Pass H Judiciary & Ethics Committee
Title:SS/SCS SB 743
Effective Date:August 28, 1996
Full Bill Text | All Actions | Senate Home Page | List of 1996 Senate Bills
Current Bill Summary

SS/SCS/SB 743 - This act allows an insurer the right to subrogation of an insured's legal claim for bodily injuries where the insurer has paid for those injuries. If the insured sues and gets a legal judgment, settlement, compromise or reimbursement, the insurer shall have a lien on the recovery.

The amount of any recovery shall be the amount assessed as medical costs, less the following: (1) the percentage of attorney fees used to recover those medical benefits; (2) the percentage of case expenses relating to medical damages needed to bring the lawsuit; and (3) the percentage of the recovery equal to the comparative fault of the insured.

If the insured does not sue, the insurer can bring suit against the liable party at the insurer's expense to recover for insurance benefits paid. The insurer can also recover its legal fees and costs before the insured receives the balance. Any recovery by the insurer shall be considered when revising rates for group policy holders.