Legal Opinion
Fasso v. Doerr
New York Court of Appeals
Decided February 24, 2009PublishedCited by 32 opinions
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
When a person suffers personal injuries because of the wrongdoing of another and the injured party’s health insurer pays for medical treatment, a cause of action for equitable subrogation accrues to the health insurer, allowing the insurer to seek recoupment of its expenditures. The issue before us is whether the injured party and the tortfeasor can agree to a settlement that extinguishes the insurer’s subrogation rights. We conclude that the subrogation claim in this case cannot be discontinued without the subrogee’s consent.
I
Plaintiff Paula Fasso received…
2Cases cited26 opinions
- Ocean Accident & Guarantee Corp. v. Hooker Electrochemical Co.New York Court of Appeals · 1925
- Teichman v. Community Hospital of Western SuffolkNew York Court of Appeals · 1996
- Winkelmann v. Excelsior InsuranceNew York Court of Appeals · 1995
- Blue Cross & Blue Shield of New Jersey, Inc. v. Philip Morris USA Inc.New York Court of Appeals · 2004
- Federal Insurance v. Arthur Andersen & Co.New York Court of Appeals · 1990
21 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Wurtz v. Rawlings Co.Court of Appeals for the Second Circuit · 2014
- DiBartolo v. Abbott LaboratoriesDistrict Court, S.D. New York · 2012
- NYP Holdings, Inc. v. McClier Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Millennium Holdings LLC v. Glidden Co.Appellate Division of the Supreme Court of the State of New York · 2017
- Rink v. StateNew York Court of Claims · 2010
27 more not listed; retrieve them via the Exa API.