POWELL v. BLUE CROSS AND BLUE SHIELD

88-1342.

581 So.2d 772 (1990)

Cynthia A. POWELL and Bruce Powell v. BLUE CROSS AND BLUE SHIELD OF ALABAMA.

Supreme Court of Alabama.

December 28, 1990.


Attorney(s) appearing for the Case

John W. Haley of Hare, Wynn, Newell & Newton, Birmingham, for appellants.

Duncan B. Blair of Lange, Simpson, Robinson & Somerville, and Walter F. Scott III, Birmingham, for appellee.


PER CURIAM.

This appeal presents this primary issue: May the insurer/indemnitor, by contract providing for subrogation, claim reimbursement of its payment to the insured/indemnitee, out of the insured/indemnitee's recovery from the third-party tort-feasor, when the third-party recovery does not exceed the insured/indemnitee's total loss? The trial court held that the insurer/indemnitor could so contract and ordered the insured/indemnitee to reimburse the insurer/indemnitor...

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