On July 21, 2001, four day-old Rowan Lindley-Harker sustained serious, permanent and disabling injuries when a pick-up truck being driven by her grandfather, Alan Harker, was rear-ended on Baltimore Street in Kirksville.  Rowan's rear-facing car seat was positioned in the front passenger seat and the force of the impact caused the passenger side airbag to deploy, causing injuries to Rowan's head.  Kirksville, Missouri attorney Jay Benson assisted Rowan's parents in obtaining a settlement from Alan Harker's insurance carrier, Insurance Corporation of British Columbia ("ICBC"), for $1,282,152.00;  a sum of $208,000.00 was then placed in a Court-ordered escrow account after the health plan which paid Rowan's medical bills claimed it was entitled to be reimbursed all sums paid. 

As an employee of Truman State University, Rowan's mother had enrolled in a health plan through MSU Benefits Group, Inc., which included dependent health benefits for Rowan.  MSU Benefits Group, Inc. asserted a lien for reimbursement of Rowan's medical expense from the settlement proceeds.  Relying on subrogation provisions of the Health Plan, MSU Benefits Group, Inc. contended that it had the right to reimbursement of one hundred percent (100%) of the sums which it had paid to Rowan's healthcare providers, as well as sums that it would be obligated to pay in the future.  Jay Benson successfully argued that MSU Benefits Group, Inc. was not entitled to be reimbursed sums paid from Rowan's settlement for the reason that the Plan's reimbursement provision was an unlawful assignment of a bodily injury claim and was thus in violation of public policy and legally unenforcable. 

Attorney Jay Benson filed on behalf of Rowan and her mother a Petition for Declaratory Judgment, asking that the Court declare that MSU Benefits Group, Inc. was not entitled to reimbursement from the settlement of sums paid for Rowan's medical expense.  A Motion for Summary Judgment was filed on behalf of Rowan, and a Cross-Motion for Summary Judgment was filed by MSU Benefits Group, Inc.  The Adair County Circuit Court determined that MSU Benefits Group, Inc. did not have the legal right to be reimbursed for medical expenses paid on behalf of Rowan from the settlement proceeds paid by ICBC.  As a result, the $208,000.00 deposited in the escrow account, plus interest, was paid to an Irrevocable Special Needs Trust created for Rowan's future medical and special needs. 

Court/Case Number/Date:  Adair County Circuit Court/CV103-22CC/September 13, 2004.

Caption:  Christine M. Harker, Rowan Lindley-Harker, a Minor, by Next Friend, Christine M. Harker, Christopher S. Lindley, and Christine M. Harker, as Trustee of the Rowan Lindley-Harker Irrevocable Special Needs Trust vs. MSU Benefits Group, Inc.

Attorney for Plaintiff:  Jay Benson, Kirksville

Attorney for Defendant:  Haynes Hitesman PC, Kansas City