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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