In a decision that will have a huge and immediate impact on the way auto accident cases are litigated, the Pennsylvania Supreme Court has ruled that HMOs have the right under Pennsylvania law to assert a subrogation claim against an accident victim's tort recovery. The court held that the Pennsylvania Motor Vehicle Financial Responsibility Law's anti-subrogation provision does not apply to HMOs because the HMO Act exempts them from any insurance law that does not specifically state that it covers HMOs.
August 25, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
In a decision that will have a huge and immediate impact on the way auto accident cases are litigated, the Pennsylvania Supreme Court has ruled that HMOs have the right under Pennsylvania law to assert a subrogation claim against an accident victim’s tort recovery.
In Wirth v. Aetna U.S. Health Care, the justices had agreed to an answer a certified question from the 3rd U.S. Circuit Court of Appeals that focused on an apparent conflict in two Pennsylvania statutes.
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