Health Insurance Subrogation

Practice Group

Health Insurance Subrogation

Yost & Baill’s Health Insurance Subrogation Practice Group has handled health insurance subrogation claims for: health care insurers, self-funded companies, medical providers and HMO’s. Although Yost & Baill handles Health Insurance Subrogation cases across the United States, it is most proud of its work establishing the right to equitable health insurance subrogation in theMinnesota case of, Time Ins. Co. v. Opus Corp., 519 N.W.2d 470 (Minn. Ct. App. 1994).

Whether third party liability stems from: defective products, medical devices, drugs or some other cause, healthcare costs should not borne by a medical provider or a company plan. Yost & Baill has the experience and talent necessary to identify and pursue recovery from those truly at fault.

Most modern benefits plans not only provide for subrogation but require participants injured by third parties to allow and supportsubrogation efforts. These obligations stem from the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq. (“ERISA”). That Act covers most employer or union provided employee benefits plans and preempt state regulation.

However, certain insurance company funded plans may be governed by state laws regulating the insurance industry. Those laws may restrict an insurer’s right to subrogation. Yost & Baill understands these laws and can help guide you in pursuing recoveries. Moreover, whether the defenses raised are based on the made-whole rule or common fund doctrine, Yost & Baill has the experience to respond to these defenses and give you the best chance at recovery.

For more information about Yost & Baill’s Health Insurance Subrogation Practice, please contact Jeff Baill at (612) 338-6000, or click the photos to learn more about our practice group.


Jeffrey Baill Catlin Pegelow