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US Supreme Court to Rule on Right of Reimbursement for ERISA Plans

“Subrogation.” This is the last word a plaintiff in a personal injury action wants to hear.  It refers to an insurance company’s right to stand in – or alongside – its insured’s shoes and seek recovery of money the insurance company has paid on behalf of its insured.  While subrogation may sound like an abhorrent concept to a plaintiff, it is not without its societal benefits such as protecting against fraud, windfalls and, most of all, keeping the cost of insurance reasonable.

Shar Bahmani, The National Law Review

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