KLEM v. MANN

No. 1-94-1762.

665 N.E.2d 514 (1996)

Edmund KLEM et al., individually and as parents and next friends of Andrew Klem, a minor, Plaintiffs-Appellees, v. Claudia Rooney MANN, Defendant-Appellant (Health Cost Controls of Illinois, Inc., Intervenor-Appellant; Edmund Klem et al., individually and as parents and next friends of Andrew Klem, a minor, et al., Respondents-Appellees).

Appellate Court of Illinois, First District, First Division.

May 6, 1996.


Attorney(s) appearing for the Case

David A. Belofsky, James J. Merriman, David A. Belofsky & Associates, Chicago, for Health Cost Controls of Illinois, Inc., Intervenor-Appellant.

Richard C. Gleason, Edmund J. Scanlan, Ltd., Chicago, for appellees.


Justice WOLFSON delivered the opinion of the court:

This case concerns a group health plan's attempt to recover some of the money it paid for medical expenses incurred by a six-year-old after he was hit by a car.

The trial judge, relying on a long-standing rule that subrogation liens against recoveries received by the estates of minors are invalid, found that the plan was not entitled to any recovery. We agree with that conclusion, but we disagree with the...

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