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North Carolina's ?anti-subrogation rule? means that privately funded health insurance policies in North Carolina will not be able to seek and receive reimbursement (also known as ?subrogation?) from your personal injury recovery.
North Carolina General Statute § 97-10.2 even creates a right for the workers' compensation carrier to seek subrogation against the third party independently. ing to the statute, the injured employee has the exclusive right to file a suit against the third-party for twelve (12) months.
An insurance company may not subrogate against its own insured or a co-insured. However, when a party claiming to be a co-insured is merely a loss payee to which no liability coverage is afforded, subrogation is permissible.
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DEFINITION. The anti-subrogation doctrine is a defense to subrogation claims based upon the logical conclusion that an insurance company standing in the shoes of its insured cannot sue that insured. The defense is also known as the ?suing your own insured? doctrine.
"Subrogation," or "subro" for short, refers to the right your insurance company holds under your policy ? after they've paid a covered claim ? to request reimbursement from the at-fault party. This reimbursement often comes from the at-fault party's insurance company.
North Carolina is unique, as the state strictly prohibits subrogation language or clauses in privately funded health insurance policies. This means that North Carolina insurance companies are not able to receive a subrogation interest in your personal injury recovery.