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Subrogation: Satisfaction Of Hospital Liens

Ex Parte Infinity Southern Insurance Company, 1999 WL 14697 (Alabama Supreme Court, January 15, 1999): Infinity Insurance Company settled an automobile accident case with Wayne and Connie Bruce but did not honor a hospital lien for treatment rendered to the Bruces at Carraway Methodist Medical Center. Carraway filed a lawsuit in Jefferson County, seeking subrogation for the expenses it incurred in treating the Bruces. The trial court entered summary judgment in favor of Infinity because Carraway's lien had not been filed in a timely manner. The Alabama Court of Civil Appeals reversed this summary judgment in 1997; however, in this appeal, the Alabama Supreme Court reversed the Court of Civil Appeals and reinstated the trial court's summary judgment. The Court reiterated the requirements of Ala. Code § 35-11-371, which requires a hospital to file a lien within ten (10) days of a patient's discharge, and noted that Carraway had not filed its lien until approximately one month after the patient was discharged.

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