ELLIS BY AND THROUGH ELLIS v. Blaich

MEMORANDUM AND ORDER

PATRICK F. KELLY, Chief Judge.

The question immediately before the court is whether the plaintiffs insurance carrier, Business Men’s Assurance Company of America (BMA), has the right to intervene to recover the costs of medical expenses it paid as a result of the dog attack. Under the insurance policy issued by BMA which covers plaintiff Jessica Ellis, if a person covered under the policy “recovers money for medical expenses incurred due to an injury or sickness for which BMA paid benefits,” BMA has the right to repayment of the costs it has paid. The policy provides that…