APPELLATE COURT OPINIONS

This appeal involves a dispute over the obligation of a member of a group health insurance plan to reimburse the plan for medical payments made on behalf of the member’s dependent. The plan’s administrator requested the member and her dependent to reimburse the plan for the medical payments after discovering that the dependent had received a financial settlement from the person who caused the dependent’s injuries. When the member and the dependent refused to reimburse the payments, the plan filed suit in the Circuit Court for Sumner County against both parties. The trial court granted the plan’s motion for summary judgment and ordered both the member and her dependent to reimburse the plan for medical payments. We have determined that the plan was not entitled to a judgment as a matter of law against the member and accordingly vacate the summary judgment against her.

This appeal arises out of the trial court’s entry of an “agreed” order ostensibly resolving a dispute between plaintiffs Sullivan County and the Sullivan County Building Commissioner (collectively “the County”) and defendant Joe Ellis Lyon (“Lyon”). Lyon appeals, arguing that he did not consent to the entry of the order. We find and hold that the order should not have been entered.