Louisiana Flag

Insurance Commissioner Overreached In Applying Made Whole Doctrine To Health Insurance Subrogation

Bayham v. State of Louisiana, Through the Office of Group Benefits, 2019 WL 4073410 (La. App. 2019). In a line from the History Channel’s television series Vikings, Viking chieftain Ragnar Lothbrok looks down at the village of Kattegat with his son and gives some advice regarding power: Power is always dangerous. It attracts the worst and…

Read more

Medical Billing, Insurance Write-Offs, And The Collateral Source Rule

Recovery of Medical Expenses in Personal Injury Actions Generally To recover damages for past medical expenses in a personal injury lawsuit, a plaintiff must present evidence and prove that the medical expenses incurred were both “reasonable” and “necessary.” For more than 100 years, this simple formula was the least complicated aspect of a plaintiff’s personal injury…

Read more

THIRD TIME’S A CHARM: Missouri Supreme Court Finally Gets FEHBA Preemption Right

Some states, including Missouri, are known as “anti-subrogation” states. Missouri’s public policy prohibits the assignment of a personal injury claim, whether it is called an assignment, subrogation interest, or agreement to reimburse. Hays v. Missouri Highways and Transp. Comm’n, 62 S.W.3d 538 (Mo. App. 2001). This means that in Missouri, a health insurance company who…

Read more