French v. Frey

ORDER

CARR, District Judge.

This case comes before me from the Bankruptcy Court, in which debtors, Ernest and Shirley Bergman, filed a Chapter 7 petition. Consolidated with this proceeding are the Bergmans’ civil suit against defendant Steve Frey and a complaint seeking a declaration that the defendant insurance companies are general unsecured creditors.

Anthem Blue Cross and Blue Shield (Anthem) contends that the subrogation clause in the Bergmans’ insurance policy entitles it to the amount of the expenditures it made on behalf of the Bergmans, who were injured in an accident with defendant…