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Home / Courts / Insurance – Health – Equitable Subrogation — Tort/Negligence – Conversion – Settlement Funds – Insureds’ Auto Accident (access required)

Insurance – Health – Equitable Subrogation — Tort/Negligence – Conversion – Settlement Funds – Insureds’ Auto Accident (access required)

Group Health Plan for Employees of Barnhill Contracting Co. v. Integon National Insurance Co. The plaintiff-health plan had a lien on settlement proceeds; nevertheless, defendant paid the full settlement proceeds to plaintiff’s insureds. Although the doctrine of equitable subrogation would allow plaintiff to make any claims available to its insureds, equitable subrogation is not a claim in itself, and the only claim asserted by plaintiff - conversion - is not one that belonged to its insureds, nor is it supported by our case law. We affirm summary judgment for defendant.

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