So did the author of that article leave out, or play down, that it was his insurance company, and not him, that was suing?
BTW, subrogation is defined thus:
Quote:
n. assuming the legal rights of a person for whom expenses or a debt has been paid. Typically, subrogation occurs when an insurance company which pays its insured client for injuries and losses then sues the party which the injured person contends caused the damages to him/her. Example: Fred Farmer negligently builds a bonfire which gets out of control and starts a grass fire which spreads to Ned Neighbor's barn. Good Hands Insurance Co. has insured the barn, pays Neighbor his estimated cost of reconstruction of the barn, and then sues Farmer for that amount. Farmer will have all the "defenses" to the insurance company's suit that he would have had against Neighbor, including the contention that the cost of repairing the barn was less than Neighbor was paid or that Neighbor negligently got in the way of firefighters trying to put out the grass fire.
http://dictionary.law.com/Default.aspx?selected=2044
EDIT: It also could be that the hospital or the health insurance company is suing on Ortiz's behalf, or telling Ortiz he needs to sue. I recall times when I was injured and went to a medical provider; whenever there's an injury, they always ask if it was part of something like a car crash or if someone else did this to you. I believe that stuff is very important, because it can affect who's liable. If it was part of a car crash that was the other party's fault, then your health insurance wouldn't pay and the health care provider wouldn't even bill the insurance; instead, they would expect you to file an injury claim against the auto insurer of the party at fault. It would be the auto insurer of the party at fault that would be on the hook for the medical bill.
It could just be that Roy Ortiz was caught up in legal requirements.
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"You have a responsibility to consider all sides of a problem and a responsibility to make a judgment and a responsibility to care for all involved." --Ian Danskin
14 Apr 2014, 2:14 am
