Blue Cross & Blue Shield of Nebraska, Inc. v. Dailey

I respectfully dissent. In my view, the majority has made an unwarranted departure from the controlling legal rule clearly articulated in Shelter Ins. Cos. v. Frohlich, 243 Neb. 111, 498 N.W.2d 74 (1993), and Continental Western Ins. Co. v. Swartzendruber, 253 Neb. 365, 570 N.W.2d 708 (1997), that equitable principles of subrogation may be modified by a specific contractual provision.

The group health insurance policy at issue here gives Blue Cross a contractual subrogation interest in Dailey’s personal injury claim against Union Pacific and a contractual right to reimbursement from Dailey…