Common Fund Reinstated In Texas! Or Is It?
By admin on 06/02/13
HB 1869, (full text here) passed in the last legislative session in Austin, purports to statutorily reinstate the common fund doctrine in Texas when it comes to the contractual subrogation rights of self-funded, non-ERISA health benefit plans. But the statute has some ambiguity. Specifically, when it comes to the definition of what a “recovery action” […]
Category: Personal Injury Law
The Inequities of Texas Subrogation
By admin on 06/02/13
Imagine, heaven forbid, you’ve been injured in a car wreck in Texas. The driver who hit you was drunk. Fortunately, he carried the required minimum amount of liability insurance, $30,000.00. Let’s assume you’re a responsible employee of a company that provides medical insurance benefits through a plan you’re a participant in. Each pay period a […]
Category: Personal Injury Law
