Barreca v. Cobb

JiKLIEBERT, Chief Judge.

This is an appeal in a supplemental concur-sus proceeding that arose out of a personal injury suit. At issue is whether the health insurer, Blue Cross/Blue Shield (Blue Cross), pursuant to a subrogation clause in its policy with the insured plaintiff, Ignatius Barreca, is entitled to full reimbursement of the benefits it paid on plaintiffs behalf, or whether the plaintiff is entitled to deduct a share of the attorney’s fees from that amount. Under the facts of this case, we find that the health insurer should not contribute a share of attorney’s fees. Therefore, we…