http://thewesternword.com/2008/03/27/legal-but/ Independent Commentary about Politics, Sports, the Media, and Current Events Wed, 16 May 2012 15:04:10 +0000 hourly 1 http://wordpress.com/ http://thewesternword.com/2008/03/27/legal-but/#comment-207 Fri, 28 Mar 2008 03:34:00 +0000 http://thewesternword.com/2008/03/27/legal-but#comment-207 Thanks Geeguy. I was hoping you had some comments to clarify the legal side of the issue. I just see this as a PR nightmare for Wal-Mart. It was on Countdown with Olbermann tonight (again) and the CEO or Chairman of Wal-Mart was one of Olbermann’s “Worst Persons in the World.”

]]> http://thewesternword.com/2008/03/27/legal-but/#comment-206 Thu, 27 Mar 2008 20:41:00 +0000 http://thewesternword.com/2008/03/27/legal-but#comment-206 It’s called subrogation.This probably wouldn’t have happened in Montana. Subrogation rights here generally (depending on the policy) require the injured party to be made whole. Since she collected 400k and change after paying expenses, she wasn’t made whole and, in Montana, no subrogation.Now, outside the Court of public opinion, though, there is a reasonable argument for subrogation whether you agree with it or not. When a health insurer chooses to underwrite a risk, it does so and sets the premium based on illnesses, etc. (At least in theory) It does not underwrite the possibility that a 3rd party might injure you and most health insurance policies provide that if your medical bills are paid by the health insurer <>and<> the third party tortfeasor, the health insurer is entitled to be repaid for the medical bills it paid.Otherwise, the injured party would be allowed to double recover his or her medical bills.

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