You see, I am going through a similar situation.
In late October of 2006 I was injured from an automobile accident through no fault of my own. In Ohio, you are required to have car insurance. The state minimum is only $12,500, which we all know is not a feasible amount for property liability, let alone medical liability.
I happened to have been fortunate enough to have Under-Insured coverage on MY car insurance.
For the last six months, after settling with both insurers, now my health insurer, APWU, The American Postal Workers Union Heath Plan wants to subrogate against me for the cost of two serious neck surgeries. Surgeries they would have paid for as part of our coverage!
The gall of them to require and recieve premiums for a service and then to want money back. That provision of my (Auto) policy was not taken to provide money for a company but to take care of me and my family. We paid a premium for a service. Premiums that they still collect. I am currently not recieving much needed therapies for fear of what it could cost me.
So I guess I could glean some hope from the Wal-Mart case but...
The fact that the court has sided with the corporations is not a real surprise, the only help for folks like me is the shame that is brought on these insurers and corporations.
So shame on the American Postal Workers Union Heath Plan. Shame on the AFL-CIO and CIGNA for their part in this.
A little advice for all, pay special attention when choosing a health insurer to the clause in your benefit book called "When Others are Responsible for Injuries." It could leave YOU on the hook and responsible for things you thought you had paid for.
Greg was a Journalism Major at Bowling Green State University and has worked in the Broadcast and News business for over 25 years.