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Tezak v. Bachke6/21/2005
rights, as limited by the WDA, that the insurer had to pursue. The subrogation rights restrain respondent's recovery in two ways. First, the WDA limits the ability of respondent and decedent's health insurer to recover "special damages" under the WDA. By purchasing the subrogation rights from the medical insurer, respondent cannot evade the limits already imposed by the WDA. Second, as the subrogee, respondent stands in the place of the health insurer and is entitled to the insurer's rights and remedies, but is entitled to no further rights. See Black's Law Dictionary 1467 (8th ed. 2004) (defining subrogation as " he principle under which an insurer that has paid a loss under an insurance policy is entitled to all the rights and remedies belonging to the insured against a third party with respect to any loss covered by the policy"). Since subrogation rights are limited to the amount paid, respondent only purchased the right to pursue the $32,000 that was paid by the medical insurer.
Because I conclude that "special damages" of the WDA do not extend past the subrogation rights that respondent purchased from decedent's health insurer, I would reverse and remand for the district court to enter judgment for respondent in the amount of $32,000.
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