Commonwealth Health Corp. v. Croslin

STEPHENS, Chief Justice.

Appellee, Donna Croslin, was seriously injured in a two car collision in which the second driver was killed. At the time of the accident she was employed by The Medical Center at Bowling Green, a subsidiary of Commonwealth Health Corporation [hereinafter CHC]. CHC provided a health insurance plan which was enacted pursuant to the Employment Retirement Income Security Act, 29 U.S.C. § 1001, [hereinafter ERISA], The insurance plan paid approximately $120,-000 on behalf of Croslin. The plan contained a subrogation provision which required reimbursement of those payments…