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Home / Case Digests / 2003AP3274 Torres v. Dean Health Plan, Inc.

2003AP3274 Torres v. Dean Health Plan, Inc.

Accordingly, where plaintiff paid the HMO its subrogation share and then sued to recover that amount, we affirm the dismissal of plaintiff’s suit.“Torres does not deny that, if HMOs are prohibited from exercising subrogation rights, HMO enrollees like her would get the sort of double recovery discussed in Cunningham and Koffman. Instead, Torres — apparently ...

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