Frost v. Porter Leasing Corp.

386 Mass. 425, 436 N.E.2d 387 (1982)

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Nature of the Case

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Facts

Frost (P) recovered medical expenses, pain, and suffering, and impaired earning capacity for an injury in a motor vehicle accident. His wife recovered for loss of consortium. While the case was pending, P received medical expense benefits under a union health plan paid for by his employer. The union health plan contained no provision for subrogation. The insurer intervened, and the trial judge concluded that the insurer had a right of subrogation in the proceeds of the settlement to the extent it had paid P, less a share of the costs the Frosts had incurred in obtaining a settlement.