Phia Group Russo & Minchoff

Texas

Texas House Bill 4095 seeks to limit group health and accident plan subrogation rights. Specifically:

(1) subordinate an insurer’s subrogation rights to its insured’s right to recovery;

(2) mandate an insurer share in the legal expenses to the same extent the insurer shared in the insured’s recovery;

(3) deny an insurer’s right to recover against its insured’s first party recovery;

(4) require all injured individuals be “made whole” before any subrogation recovery.


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Adam V. Russo

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