Montana Code 33-30-1102. Notice — shared costs of third-party action — limitation
33-30-1102. Notice — shared costs of third-party action — limitation. (1) If an insured intends to institute an action for damages against a third party, the insured shall give the health service corporation reasonable notice of the intention to institute the action.
Terms Used In Montana Code 33-30-1102
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Health service corporation: means a nonprofit corporation organized or operating for the purposes of establishing and operating a nonprofit plan or plans under which prepaid hospital care, medical-surgical care, and other health care and services, or reimbursement for the preceding care and services, may be furnished to a member or beneficiary. See Montana Code 33-30-101
(2)The insured may request that the health service corporation pay a proportionate share of the reasonable costs of the third-party action, including attorney fees.
(3)A health service corporation may elect not to participate in the cost of the action. If that election is made, the health service corporation waives 50% of any subrogation rights granted to it by 33-30-1101.
(4)The health service corporation’s right of subrogation granted in 33-30-1101 may not be enforced until the injured insured has been fully compensated for the insured’s injuries.