Updated at: 04/16/2013 11:35 AM
(AP) WASHINGTON - The Supreme Court says a man doesn’t have to pay his health benefit plan back all of the money he got after an accident.
The high court ruled 5-4 that James McCutchen, a US Airways, Inc., employee can deduct attorneys’ fees from the $66,866 paid from his health plan after an auto accident.
McCutchen settled with the other driver for $10,000 and got $100,000 in underinsured motorist coverage, and after attorney’s fees received $66,000.
US Airways said its contract with McCutchen meant it gets its $66,866 reimbursed. Justice Elena Kagan said the health plan has a right to be reimbursed, but McCutchen should be able to charge his health plan for part of his lawyers fees.
The case now goes back to the lower court.
(Copyright 2013 by The Associated Press. All Rights Reserved.)