“INCURRED” MEDICAL CHARGES PAYABLE UNDER “MED-PAY” TAKE INTO ACCOUNT DISCOUNTS PROVIDED BY THE HEALTH CARE PROVIDER TO THE INSURED

The Louisiana Supreme Court recently considered whether an automobile liability policy’s “med pay” coverage reimburses for the full, non-discounted amount of a hospital bill when the policy covers all “incurred” medical expenses.  See, Hoffman, et. al v. Travelers Indem. Co. of Am.,2013-1575 (La. 5-7-14) — So.3d –.  The Court held that the insurer was only required to reimburse the discounted total because its insured was not obligated to pay the pre-discount costs and, therefore, never “incurred” a charge for the full amount.