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2004 SESSION

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HB 1402 Insurance companies; subrogation rights.

Introduced by: Kathy J. Byron | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Subrogation rights of insurance companies. Eliminates the prohibition on subrogation rights by insurers by providing that an insurer shall have a right of subrogation with respect to those expenses associated with any medical bills upon which (i) the injured insured relies in asserting a personal injury action or (ii) the insured decedent's personal representative relies in a wrongful death action. Any recovery is limited to 25 percent of the amounts paid on behalf of the injured insured and the subrogated insurer is required to pay a pro rata share of the legal fees and costs incurred by the injured insurer or personal representative in the principal personal injury or wrongful death action.


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