Frost v. Porter Leasing Corp.

A Superior Court judge has reported the question “[wjhether a group insurer which provides medical and hospital expenses benefits to an insured has a right of subrogation in a recovery by the insured against a tortfeasor for personal injuries even though the group insurance policy contains no express provision entitling the insurer to subrogation rights.” We conclude that the insurer has no right, in the absence of a subrogation clause, to share in the insured’s recovery against the tortfeasor.

Frank F. Frost was injured in a motor vehicle accident. At the time, he was a beneficiary of a group…