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May16
Supreme Court Ruling On “Acts Of Third Parties” Provision
This is a very interesting ruling by the supreme-court that can be found in its entirety on the supreme court website, supremecourtus.gov, in a PDF.  This case involves Dr. Joel Sereboff vs. Mid Atlantic Medical Services Inc.  This time the little guy did not win but the ruling yesterday opened my eyes to the “Acts of third parties” provision.

Sereboff and his wife were in an "automobile accident in 2000 and received $75,000 to cover their medical bills" according to this article.  The Sereboffs later won a $750,000 lawsuit and were then contacted by Mid Atlantic in regards to the Sereboffs reimbursing Mid Atlantic the $75,000.  What would your response be to receiving that letter from your insurance company after all you had been through?

This action taken by Mid Atlantic stems from the “Acts of third parties” provision explained within the supreme-court ruling as:

“This provision requires a beneficiary who is injured as a result of an act or omission of a third party to reimburse Mid Atlantic for benefits it pays on account of those injuries, if the beneficiary recovers for those injuries from the third party.”


Basically you have to share your potential monetary reward you receive from suing the people who crashed their car into yours.  The medical company and other various organizations claimed that this provision helps keep health care affordable and prevent an increase in plan expenses.  I for one thought the health insurance companies were collecting enough premiums to take care of the normal amount of claims coming through their door.  Apparently they need to collect more money from settlements to help them stay solvent. 


What is your take on this case?  Do you agree with the courts ruling?

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