2 yrs. ago, my wife was injured in an mva. her injuries include a fractured wrist, a fractured ankle. 3 herniated disks in the cervical spine, one of which has been fused and she still needs another surgery on another. her no-fault carrier ( Kemper ) has paid out $100,000 in medical and lost wages because we purchased apip coverage. now Kemper Insurance wants to subrogate her third party settlement . my wife's damages far out way the $100,000 liability limits available in her claim and when you take out 1/3 for her attorney fees it will not even come close to what she deserves. My question is this: Does the " Made Whole Doctrine " for New York apply in her case ? If so how does that process work ? Sum/Um does not apply neither does ERISA laws. Thank You for your consideration.
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