Dew v. American Heritage Life Insurance Co.

HABHAB, Judge.

On February 11, 1984, plaintiff was involved in an automobile accident. The plaintiff had medical insurance through the defendant, American Heritage, as a benefit for working at IBP. Plaintiff received a settlement based on the accident and received two checks, one check payable to her and her attorney and a $12,000 check payable to her, her attorney, and American Heritage.

American Heritage had paid $12,000 of plaintiff’s medical expenses. American Heritage resisted plaintiffs demand to sign the check over to the plaintiff asserting its rights under a subrogation clause to…