Legal Opinion
In Re September 11 Litigation
District Court, S.D. New York
Decided August 13, 2009No. 21 MC 101 (AKH), 04 Civ. 7272 (AKH)PublishedCited by 1 opinion
1Opinion of the Court
OPINION AND ORDER DENYING MOTIONS TO DISMISS ALL CLAIMS OF SUBROGATED INSURERS
ALVIN K. HELLERSTEIN, District Judge:
New York State law reduces the recovery of a tort claimant by the amount of collateral source payments that he has received. For example, if a tort claimant was insured for the risk upon which he sues, his insurance recovery is deducted from any judgment that he recovers from the tortfeasor. See N.Y. C.P.L.R. § 4545. I am now asked to decide whether, once an insurer has paid its insured party for a loss, § 4545 deprives that insurer of its subrogation right to proceed directly…
2Cases cited31 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Roe v. City of WaterburyCourt of Appeals for the Second Circuit · 2008
- Harlen Associates v. The Incorporated Village of Mineola and Board of Trustees for the Incorporated Village of MineolaCourt of Appeals for the Second Circuit · 2001
- Cascade Natural Gas Corp. v. El Paso Natural Gas Co.Supreme Court of the United States · 1967
- Ocean Accident & Guarantee Corp. v. Hooker Electrochemical Co.New York Court of Appeals · 1925
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3Cited by1 opinion
- Thomas J. Knolmayer, M.D., Alaska Trauma and Acute Care Surgery, LLC. v. Charina McCollum and Jason McCollumAlaska Supreme Court · 2022