by Guest » Tue Jul 07, 2009 07:33 pm
I work for an insurance company in NJ and we received a request for Med Pay subrogation from an insurance Company in Pennsylvania. Do we have to pay this? Do fee schedules apply? Is there pip in pennsylvania?
Posted: Wed Jul 08, 2009 04:30 am Post Subject:
As far I know Medpay is not subrogable in Pennsylvania, but we need to know a great deal more about the situation you are in to comment on it.
Where did the accident happen, PA or NJ?
Posted: Wed Jul 08, 2009 08:57 am Post Subject:
Do we have to pay this?
I'd agree with jeorge that we need more information to come to a conclusion. When did this thing happen actually?
Steven
Posted: Fri Jun 01, 2012 04:15 am Post Subject:
It was commonly believed that 75 Pa. C.S. § 1720 bars personal injury protection (“PIP”) subrogation (including med pay) in the Commonwealth of Pennsylvania. In November 2011, however, the Superior Court of Pennsylvania acknowledged in an unpublished opinion that PIP subrogation is allowed provided that the subrogated insurance carrier does not raid the injured claimant’s tort recovery (i.e. provided that the policyholder is made whole). PIP subrogation would also be allowed if the injured claimant was paid benefits in relation to a vehicle that is registered in a state other than Pennsylvania. Note, there are a few more qualifications that need to be met before PIP subrogation is permitted. For example, you must name the liability insurance carrier as a defendant rather than the human tortfeasor and you are only permitted to subrogate up to the limits of the liability policy (i.e. there is no excess recovery). Feel free to contact me for further details.
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