Perreira v. Rediger

778 A.2d 429 (2001)

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Nature of the Case

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Facts

Perreira (P) fell on the premises of Columbia Savings Bank (Bank). P sued D along with its liability carrier Atlantic Mutual Insurance Company (Atlantic), D, the bank's snow removal contractor, and D's liability carrier, the Preserver Insurance Company (Preserver). P's health insurer, Oxford, had paid about $13,000 for her medical expenses. While the negligence suit was pending, P filed a declaratory action against Oxford, D, Atlantic, and Preserver, seeking a judgment that Oxford was barred by the collateral source rule from either reimbursement or subrogation. The argument was that under the state’s collateral source rule health insurers who expended funds on behalf of an insured could recoup those payments through common law or contractual subrogation when an insured-plaintiff successfully recovered damages against a defendant. P moved for summary judgment, arguing that under the collateral source rule, Oxford could not assert a lien on their recovery in the tort action. The trial court agreed, granting the motion. Oxford appealed to the Appellate Division, which reversed, holding that the collateral source rule does not bar the health insurer of an insured plaintiff in a non-PIP personal injury negligence action from asserting a claim for reimbursement from the injured party or subrogation from the wrongdoer. The Supreme Court granted certification.