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Insurer may take share of damages award, Supreme Court rules.

Publication: Trial
Publication Date: 01-JUL-06 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
A health insurance plan can recover the medical expenses it paid to a claimant who sues and collects damages from a third party responsible for the in jury, a unanimous U.S. Supreme Court recently ruled. (Sereboff v. Mid Atlantic Med. Servs., Inc., 126 S. Ct. 1869 (2006).)

The decision drew a sharp reaction from trial lawyers, who see it as another in a long line of rulings that have harmed consumers and blunted the ability of the civil justice system to remedy injury.

"The Court has empowered the insurance industry...

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