Tag: subrogation
PIP Carrier Not Entitled To Subrogate Against Health Insurance Carrier For Medical Expenses Paid In Error
Palisades Insurance Company (“Palisades”) filed a claim for reimbursement against Horizon Blue Cross Blue Shield of New Jersey (“Horizon”) to obtain recoupment for health insurance benefits it paid to 4 insureds who were involved in automobile accidents and received treatment. Palisades contended that it made those payments in error because the insureds had designated Horizon […]
Plaintiff’s UM/UIM Claim Found To Be Barred Due To Plaintiff’s Failure To Sue Tortfeasor Within Statute Of Limitations
Plaintiff Sang Park was rear ended by a vehicle driven by the defendant Michelle Wragge on January 11, 2018. As a result, Park claimed to have suffered painful injuries from the collision. Thereafter, on June 1, 2018, Park, filed a complaint against GEICO (her insurance company) for uninsured or underinsured motorist coverage benefits (UM/UIM). But, […]
Supreme Court Rules That Made-Whole Doctrine Does Not Apply To A Self-Insured Retention
In the lawsuit of City of Asbury Park v. Star Insurance Co., 2020 N.J. LEXIS 746 (June 29, 2020), the Supreme Court addressed a question of New Jersey law at the request of the United States Court of Appeals for the Third Circuit. The question that was asked was “whether, under equitable principles of New […]
Divided Supreme Court Finds Employers May Pursue Subrogation for Workers’ Compensation Benefits Paid for Economic Loss Where Employee Did Not Seek or Receive PIP Benefits
On May 12, 2020, the Supreme Court of New Jersey addressed whether an employer can maintain a subrogation action to recoup workers’ compensation benefits paid for economic loss where (1) its employee is barred from maintaining an action against the tortfeasors due to his election of the limitation-on-lawsuit option in his personal automobile policy; (2) […]
Appellate Division Approves Suit By Comp Carrier Against Third Party Tortfeasor Even Where Injured Worker Had A Verbal Threshold Policy
Automobile insurance carriers should expect an uptick in workers’ compensation carrier subrogation claims for medical expenses and temporary disability benefits, regardless of whether the injured worker was subject to the verbal threshold in his/her personal automobile policy based upon the recent published Appellate Division decision in New Jersey Transit Corporation v. Sandra Sanchez, A-0761-17T3 (App. […]
NJ Court Finds that Expenses Paid Pursuant to Med Pay Coverage Are Subject to Collateral Source Rule and Are Not Recoverable in a Subsequent Subrogation Action
This Law Division case involved a novel question as to whether costs and expenses paid pursuant to an insured’s Extended Medical Expense Coverage (“Med-Pay”) are subject to the collateral source rule and, hence, not recoverable in a subsequent subrogation action. Although there is case law on whether Personal Injury Protection (“PIP”) benefits can be subrogated, […]
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