Legal Question in Insurance Law in Texas

Reimburse Health Provider after settlement?

Our health insurance carrier paid for our medical expenses after we were in an auto accident where the other person was at fault. The person at faults insurance is offering us a cash settlement. Are we required to notify our health insurance carrier and reimburse them for our medical out of our settlement amount? We want to do the right thing but if we pay them we won't have anything left. Thank you for your response.


Asked on 7/24/02, 4:45 pm

1 Answer from Attorneys

Michael Bynane Law Offices of Michael C. Bynane

Re: Reimburse Health Provider after settlement?

This is a very complicated area of the law, even for lawyers. Generally speaking, the policy will control your duties to your health carrier regarding communicating with them about the settlement. It will also probably deal with matters such as reimbursing your carrier for medical expenses. However, the ultimate answer will depend on whether the policy is subject to Texas law or federal law, the Employee Retirement Income Security Act. Unfortunately, this can be ascertained only upon a careful legal review of the policy and the circumstances under which the health coverage was obtained. It may very well determine whether the carrier is entitled to something or nothing.

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Answered on 7/24/02, 5:15 pm


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