Economy Fire & Casualty Co. v. Obenland

CAMPBELL, Judge.

In this negligence action arising out of an automobile/pedestrian accident, we are asked to decide whether the uninsured or underin-sured motorist (UM) carrier may “piggyback” its subrogation claim onto the timely filed underlying negligence action and, if so, whether the collateral source rule prevents collection of the claim in any event. We hold that, because of its uniquely dependent nature, the UM claim may be “piggybacked” onto the timely filed main action, and that the collateral source rule, for public policy reasons, does not bar recovery. Accordingly, we reverse.

While…