Is it health insurance or is it not? If its health insurance, there is a contractual obligation to pay for the cost of health care. Why should someone have to pay them back money from a lawsuit to reimburse them?...that would make it not be insurance...if you have to pay back the benefits. If its not insurance, what is it?
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This is called "subrogation", and it exists in ALL insurance policies, not just health insurance. The legal principal is that whoever is responsible for the injury or damage should pay for it. Health insurance (or car insurance, or home insurance) will pay your damages up front, but they will then recover from the party at fault. Richard
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