The problem does not lie with the corporate insurance schemes, but with lawyers and the law concerning legal requirements for public injury.
If a claim is being pursued it must cover all medical expenses, both those already incurred as well as future needs. It is patently unfair that a claim can be settled without due cognisance of costs already paid out by a health insurer who has a fiduciary duty to all members of the scheme.
The key point in this sad story is the guilty party, who had a totally inadequate $1 million cover. Given the potential liability of a case like Mrs Shanks, personal injury liability cover should be legally required at levels many times higher.
The fault here is not with the healthcare insurers.
What elfin said. The business was terribly under-insured. But just because a business has only 1 million in coverage, that doesn't have to limit money awarded by a court.
I just bought a new (to me, otherwise known as pre-owned) car and my insurance agent suggested upping injury/liability coverage to at least 1 million or so I won't lose the house if I crash into someone and they successfully sue me.
And in the work I do I carry several million dollars of liability coverage in case I fuck up.