Legal Opinion

INGENIX v. Ham

District Court of Appeal of Florida

Decided May 5, 2010No. 2D09-2211Published

1Opinion of the Court

MORRIS, Judge.

Gerald Ham’s health insurer, United-Healthcare, paid almost all of Ham’s medi cal bills relating to a medical procedure that ultimately resulted in his death. After settling with the medical providers in a medical malpractice lawsuit, Ham’s estate (the Estate) contended that it was only required to reimburse UnitedHealthcare a reduced amount according to the formula set out in section 768.76(4), Florida Statutes (2008). We must decide whether section 768.76(4) applies to limit United-Healthcare’s reimbursement out of the Estate’s settlement with the tortfeasors when language in…

2Cases cited2 opinions

  1. Travelers v. BoylesDistrict Court of Appeal of Florida · 1996
  2. Osler v. CollinsDistrict Court of Appeal of Florida · 2003

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