A class action lawsuit to recover co-payments made to an insurance company has been filed reports consumeraffairs.com, "Kaiser Class Action Filed In California." The plaintiffs made co-payments to the insurance company for treatment when they were injured. When their personal injury claims were later settled and the insurance company repaid, the insurance company did not refund the co-payments to the insureds, the suit claims. The lawsuit is brought under the federal Employee Retirement Income Security Act (ERISA).
It seems to make sense and be fair that the refunds be made when the insurance company is paid off in full following a personal injury settlement; the insurance company may be entitled to its money but not more.