Associated Hospital Service of Philadelphia v. Pustilnik
Superior Court of Pennsylvania
396 A.2d 1332 (1979)
Relevant factsFree
Pustilnik (defendant) claimed $18,960.18 in Blue Cross-covered medical bills as special damages in his suit against SEPTA, which settled for less than full value, but Blue Cross (plaintiff) could only prove it had actually paid $16,721.64 of that amount; the trial court limited Blue Cross's subrogation recovery to the provable amount, reduced further for the partial settlement and attorney's fees.
IssueFree
Whether an insurer may recover the full amount of special damages awarded to an insured for medical bills, in subrogation, without providing proof of actual expenditures.