Trezza v. Trezza

OPINION OF THE COURT

Dickerson, J.

In 2009, the legislature enacted General Obligations Law § 5-335 to protect a plaintiff who settles an action to recover damages for personal injuries from being subject to certain subrogation or reimbursement claims by health benefit providers. The statute provides that “[e]xcept where there is a statutory right of reimbursement,” no party who enters into a settlement “shall be subject to a subrogation claim or claim for reimbursement by a benefit provider” with respect to those expenses “that have been or are obligated to be paid or reimbursed by said…