Isn't it true a health insurance subrogation claim is null and void against a GTCA case?
Answer: That's a good question. 51 O.S. Sec. 155(27) says: “The state or a political subdivision shall not be liable if a loss or claim results from... 27. Any claim or action based on the theory of indemnification or subrogation...” Does this mean the injured plaintiff can collect for the medical bills paid under a subrogated health policy or does it mean the injured employee can’t recover for those medical bills, since the statute exempts the governmental entity from the liability. The governmental entities’ lawyers will argue the latter, arguing that the statute is obviously not intended to provide a windfall for injured plaintiffs. The injured plaintiffs’ lawyers will argue that the statute doesn’t, on its face, purport to deal with whether the injured plaintiff can recover but only says the subrogated entity cannot recover subrogation. Get ready to go to the Supreme Court.