Christopher Boughner, a Yukon resident, was injured in a cycling accident in California caused by an at-fault motorist with limited insurance.
The Government of Yukon covered Mr. Boughner’s medical and travel expenses under various statutes.
Mr. Boughner had SEF 44 insurance with Security National, covering shortfalls from under-insured motorists.
Issues:
Can Mr. Boughner recover medical and travel costs from his SEF 44 insurance under Yukon statutes?
Can the Government of Yukon recover these costs through subrogation or other means from Mr. Boughner’s SEF 44 insurance?
Decision:
Statutory Interpretation:
The court examined the Health Care Insurance Plan Act, the Hospital Insurance Services Act, and the Travel for Medical Treatment Act.
These statutes allow Yukon to recover costs from the responsible party (the at-fault motorist) and their insurer, not from the victim’s own insurer.
Subrogation Rights:
Yukon argued for stepping into Mr. Boughner’s shoes to claim from SEF 44, but the court held that subrogation rights are limited to claims against the tortfeasor.
Direct Claim Against SEF 44:
Yukon is not an “eligible claimant” under SEF 44, which protects the insured victim, not government health plans.
Conclusion:
Yukon cannot recover Mr. Boughner’s medical and travel expenses from Security National Insurance Co. through direct claim or subrogation.
Both legal questions posed by Yukon were answered “no.”
