Kelly v. Seager

*459OPINION OF THE COURT

David O. Boehm, J.

This decision addresses a question of apparent first impression as to whether the collateral source rule effected by CPLR 4545 (c) limits the award an insurer may recover in a subrogation action.

The action was commenced by Nationwide Insurance Company in the name of its insureds, Parker and Marian Kelly, the nominal plaintiffs. Defendant, Diane Seager, here moves for summary judgment limiting the plaintiffs’ claim for damages upon the ground that CPLR 4545 (c) prevents a recovery for any cost or expense which will "be replaced or indemnified, in whole or…