Bauhaus USA, Inc. v. Copeland ex rel. Holmes

GRAVES, Justice,

for the Court.

FACTS AND PROCEDURAL HISTORY

¶ 1. Rashan Danielle Holmes, a minor, was injured in an automobile accident on June 1, 1996. Holmes was covered under the Bauhaus Group Employee Benefit Plan (the Plan) as a dependent of her mother and guardian, Lillie Regina Holmes Copeland.1 The Plan advanced payments for Holmes’ medical expenses of more than $46,000.2

¶ 2. The Plan contains a reimbursement and subrogation clause, which states:

Medical care benefits are not payable to or for a person covered under this Plan when the injury or illness to the Covered Person occurs…