Legal Question in Insurance Law in Texas
health insurance subrogation of auto policy limit?
If involved in mva head on collision, not at fault, severely injured (permanently disabled), covered by minimun bi limits from other party, & mininum uim bi limits on my auto policy, does my personal health insurance (through my employer) have subrogation rights to the limits provided by my auto policy and the other party's policy?
1 Answer from Attorneys
Re: health insurance subrogation of auto policy limit?
It depends. Benefits paid to you by a health insurance company are subject to subrogation only if you are "made whole" by your settlement with the automobile insurance company. However, if the benefits were paid to you by a self-funded ERISA plan, the "made-whole" rule does not apply. You should consult with an attorney to make sure your rights are protected.
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