Legal Opinion
Westendorf Ex Rel. Westendorf v. Stasson
Supreme Court of Minnesota
Decided March 4, 1983No. CX-82-530PublishedCited by 67 opinions
1Opinion of the Court
SIMONETT, Justice.
After paying the medical expenses of its enrolled member injured in an auto accident, is a Health Maintenance Organization (HMO) entitled to reimbursement for those expenses out of the member’s tort recovery when the total recovery from all sources has not fully compensated the injured party? We conclude that while the reimbursement clause in question applies to the settlement proceeds, the HMO nonetheless is not entitled to reimbursement in the absence of full recovery. Accordingly, we reverse.
Plaintiff-appellant Mary Annette Wes-tendorf sustained quadraplegic injuries in…
2Cases cited15 opinions
- Garrity v. Rural Mutual InsuranceWisconsin Supreme Court · 1977
- Lyon v. Hartford Accident and Indemnity CompanyUtah Supreme Court · 1971
- Northern Trust Co. v. Consolidated Elevator Co.Supreme Court of Minnesota · 1919
- Great Northern Oil Co. v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1971
- Wimberly v. American Casualty Co. of ReadingTennessee Supreme Court · 1979
10 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- Powell v. Blue Cross and Blue ShieldSupreme Court of Alabama · 1990
- Samura v. Kaiser Foundation Health Plan, Inc.California Court of Appeal · 1993
- Wine v. Globe American Casualty Co.Kentucky Supreme Court · 1996
- INTERNATIONAL UNDERWRITERS v. LiaoSupreme Court of Alabama · 1989
- Medica, Inc. v. Atlantic Mutual Insurance Co.Supreme Court of Minnesota · 1997
62 more not listed; retrieve them via the Exa API.