Bar Bulletin

Bar Bulletin

WA Supreme Court Review: Insurer’s Subrogation Right Depends on Prejudice

October 2019 Bar Bulletin

 

Group Health 
Cooperative v. Coon

No. 96516-1 (9-0)
August 22, 2019

Justice Stephens Writes for the Court

Group Health Cooperative (GHO) provided health insurance benefits to Nathaniel (Joel) Coon, who suffered a serious fungal infection and amputation following knee surgery at the Everett Clinic (TEC). The Coon family later settled potential negligence claims against TEC, and GHO initiated this lawsuit seeking reimbursement of its payments from the settlement proceeds. We must decide if genuine issues of material fact preclude summary judgment in favor of GHO regarding whether the settlement constituted full compensation to Coon, and whether GHO suffered prejudice from the Coons’...

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