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Case Name | Houston General Insurance Co. v. Campbell | |
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Date | 01/29/1998 | |
Note | Carrier entitled to subrogation from 3rd party recovery for malpractice if carrier paid for treatment resulting from malpractice. | |
Citation | 964 S.W.2d 691 | |
WCC Citation | WCC 3331998 TX |
Houston General Insurance Co. v. Campbell, 964 S. W. 2d 691 (Tex. App. Dist. 13 01/29/1998) Texas Court of Appeals NUMBER 13-96-141-CV January 29, 1998 HOUSTON GENERAL INSURANCE COMPANY, v. TERESA ANN CAMPBELL, On appeal from the 105th Judicial District Court of Nueces County, Texas. Houston General Insurance Company ("Houston General"), appellant, seeks to set aside a Judgement rendered in favor of Teresa Ann Campbell, appellee, which held that Houston General had no subrogation interest in her settlement with third parties stemming from a work-related injury. Houston General, which was the workers' compensation insurance provider for Campbell's employer, Reproductive Services, paid for her treatment. Specifically, Houston General claimed it had paid and continued to pay workers' compensation benefits to Campbell in the amount of $163,239. 73. Campbell also asserted a counterclaim against Houston General for violating its duty of good faith and fair dealing owed to her.
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