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WESTENDORF BY WESTENDORF v. STASSON

No. CX-82-530.

330 N.W.2d 699 (1983)

Mary Annette WESTENDORF by her Conservator, David J. WESTENDORF, and David J. Westendorf, Appellants, v. Kevin Michael STASSON and Richard James Stasson, Respondents. Group Health, Inc., Respondent.

Supreme Court of Minnesota.

March 4, 1983.

Attorney(s) appearing for the Case

Briggs & Morgan, John R. Kenefick, St. Paul, for appellants.

Lasley, Gaughan, Reid, Stich & Angell, Minneapolis, for respondents Stasson.

Hansen, Dordell, Bradt & Odlaug, J. Mark Catron and John H. Guthmann, St. Paul, for respondent Group Health, Inc.

Considered and decided by the court en banc without oral argument.

SIMONETT, Justice.

After paying the medical expenses of its enrolled member injured in an auto accident, is a Health Maintenance Organization (HMO) entitled to reimbursement for those expenses out of the member's tort recovery when the total recovery from all sources has not fully compensated the injured party? We conclude that while the reimbursement clause in question applies to the settlement proceeds, the HMO nonetheless is not entitled to reimbursement in the...

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