Subrogation; Hospital Liens; Made-Whole Doctrine
A catastrophically-injured woman was unable to recover full compensation for her injuries because the defendant driver had only limited liability insurance coverage, and because the woman had bought only a minimal amount of uninsured/ underinsured motorists coverage when she purchased her own policy. In spite of the limited funds available, however, her "health and accident" insurance company attempted to recover 100% of the medical bills incurred from the liability proceeds, which would have left the woman with no recovery for her pain and suffering, disability, and lost income. The Firm successfully defeated the health insurer's subrogation claim, and the woman received 100% of the liability insurance available.
