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Automobile Insurer Not Required to Reimburse Group Health Insurance Plan Under Automobile Liability Policy's Medical Expense Coverage
von Briesen & Roper, s.c. Link to more items from this source
Nov. 7, 2018
"[To] invoke the 'right to recovery' provisions, the coverage provided by both Security Health and American Family has to be a 'plan' as defined under [Wisconsin statutes]. The court ... ruled that American Family's [automobile liability] coverage was not a 'plan' for two ... reasons: [1] the medical expense coverage in the American Family policies was not 'required by law' because Wis. Stat. Section 632.32(4)(bc) specifically states that a named insured may reject medical expense coverage; and [2] the American Family medical expense coverage was not a 'no-fault' contract because 'no-fault' did not refer to medical expense coverage in an automobile insurance policy issued in Wisconsin." [Security Health Plan of Wisconsin, Inc. v. American Standard Ins. Co. of Wisconsin, No. 2017AP1914 (Wis. App. Ct. Oct. 25, 2018; unpub.)]

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