Legal Opinion
Torres v. Dean Health Plan, Inc.
Court of Appeals of Wisconsin
Decided April 21, 2005No. 2003AP3274PublishedCited by 1 opinion
1Opinion of the CourtLundsten, J.
¶ 1. This is a subrogation dispute involving a health maintenance organization (HMO) and one of its enrollees. Dean Health Plan, Inc., is an HMO (Dean HMO). Gretchen Torres is a Dean HMO enrollee.
¶ 2. Torres was injured in an accident caused by a third-party tortfeasor. Dean HMO provided medical services to Torres that were covered by Torres's HMO contract with Dean. Torres negotiated a settlement with the tortfeasor. Dean HMO asserted a subrogation interest, and Torres paid Dean HMO $4,072.49 to "extinguish" that asserted subrogation interest. After paying Dean HMO, Torres sued Dean, arguing…
2Cases cited12 opinions
- Garrity v. Rural Mutual InsuranceWisconsin Supreme Court · 1977
- Rimes v. State Farm Mutual Automobile InsuranceWisconsin Supreme Court · 1982
- Dua v. Comcast Cable of Maryland, Inc.Court of Appeals of Maryland · 2002
- Koffman v. LeichtfussWisconsin Supreme Court · 2001
- Cunningham v. Metropolitan Life InsuranceWisconsin Supreme Court · 1985
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3Cited by1 opinion
- Acevedo v. City of KenoshaWisconsin Supreme Court · 2010