Share Health Plan, Inc. v. Marcotte

OPINION

HUSPENI, Judge.

Physicians Health Plan of Minnesota (“PHP”) and appellant Share Health Plan, Inc. (“Share”), brought declaratory judgment actions against Clarissa Veldey, 1 a PHP member, and against respondents Dale Marcotte and Mary Mitch, trustees for deceased Share members Florence Mar-cotte and Robert Mitch. Share sought a determination that it was entitled to enforce subrogation provisions contained in its health plan membership contracts.

The trial court denied Marcotte’s summary judgment motion asserting that Share could not bring a contract action against the trustee and heirs of…