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HERSHEY v. PHYSICIANS HEALTH PLAN

No. CX-92-2568.

498 N.W.2d 519 (1993)

Danny Darrell HERSHEY, Respondent, v. PHYSICIANS HEALTH PLAN OF MINNESOTA, INC. d/b/a Medica Choice and Healthcare Recoveries, Inc., Appellant.

Court of Appeals of Minnesota.

April 20, 1993.

Attorney(s) appearing for the Case

Joseph M. Paiement, Steven S. Hoge, Arnold & McDowell, Minneapolis, for respondent.

Kevin P. Hickey, Lewis A. Remele, Jr., Bassford, Heckt, Lockhart, Truesdell & Briggs, P.A., Minneapolis, for appellant.

Considered and decided by HARTEN, P.J., and HUSPENI and PETERSON, JJ.

OPINION

HARTEN, Judge.

This is an action for reimbursement of medical expenses brought by a health care provider under the subrogation clause of its health insurance contract. We reverse.

FACTS

In 1990 respondent Danny Darrell Hershey was injured when his motorcycle was struck by another vehicle. His health insurer, appellant Physicians Health Plan of Minnesota, Inc. (PHP), covered medical expenses of $22,250.13. In April 1991, Hershey...

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