Legal Opinion
Kelly v. Seager
Appellate Division of the Supreme Court of the State of New York
Decided July 13, 1990PublishedCited by 12 opinions
1Opinion of the Court
Order unanimously affirmed with costs. Memorandum: The collateral source rule set forth in CPLR 4545 (c) does not apply to subrogation actions seeking to recover moneys paid by an insurer on a fire loss. The purpose of the statutory collateral source rule is to prevent multiple recoveries for the same loss by an injured party (see generally, 5 Weinstein-Korn-Miller, NY Civ Prac 4545.01). That purpose would not be served by its application to subrogation claims. Subrogation itself "exists to prevent double recovery by the insured and to force the wrongdoer to bear the ultimate costs” (Scinta v…
2Cases cited2 opinions
- Scinta v. KazmierczakAppellate Division of the Supreme Court of the State of New York · 1977
- Kelly v. SeagerNew York Supreme Court · 1989
3Cited by12 opinions
- Blue Cross & Blue Shield of New Jersey, Inc. v. Philip Morris, Inc.District Court, E.D. New York · 2000
- Humbach v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1997
- Berry v. St. Peter's HospitalAppellate Division of the Supreme Court of the State of New York · 1998
- Nossoughi v. Federated Department Stores, Inc.New York Supreme Court · 1998
- Omiatek v. Marine Midland Bank, N.A.Appellate Division of the Supreme Court of the State of New York · 2004
7 more not listed; retrieve them via the Exa API.