Connecticut’s anti-subrogation statutes can be found at Connecticut General Statutes 52-225a et seq.
CGS 52-225c provides as follows
Unless otherwise provided by law, no insurer or any other person providing collateral source benefits as defined in section 52-225b shall be entitled to recover the amount of any such benefits from the defendant or any other person or entity as a result of any claim or action for damages for personal injury or wrongful death regardless of whether such claim or action is resolved by settlement or judgment. The provisions of this section shall apply to insurance contracts issued, reissued or renewed on or after October 1, 1986.
Insurance companies which provided insurance for medical payments in an accident (such as an auto accident) tried to argue that its payments were “otherwise provided by law.” This argument was argued without success.
Two situations where the payments are “otherwise provided by law” are worker’s compensation payments and ERISA payments.
CGS 52-225b provides as follows
For purposes of sections 52-225a to 52-225c, inclusive: “Collateral sources” means any payments made to the claimant, or on his behalf, by or pursuant to: (1) Any health or sickness insurance, automobile accident insurance that provides health benefits, and any other similar insurance benefits, except life insurance benefits available to the claimant, whether purchased by him or provided by others; or (2) any contract or agreement of any group, organization, partnership or corporation to provide, pay for or reimburse the costs of hospital, medical, dental or other health care services. “Collateral sources” do not include amounts received by a claimant as a settlement.
The common situations described above are medical payments made under an auto insurance policy, or medical payments as part of a health insurance plan.
CGS 52-225a provides in part
(a) In any civil action, whether in tort or in contract, wherein the claimant seeks to recover damages resulting from (1) personal injury or wrongful death occurring on or after October 1, 1987, or (2) personal injury or wrongful death, arising out of the rendition of professional services by a health care provider, occurring on or after October 1, 1985, and prior to October 1, 1986, if the action was filed on or after October 1, 1987, and wherein liability is admitted or is determined by the trier of fact and damages are awarded to compensate the claimant, the court shall reduce the amount of such award which represents economic damages, as defined in subdivision (1) of subsection (a) of section 52-572h, by an amount equal to the total of amounts determined to have been paid under subsection (b) of this section less the total of amounts determined to have been paid, contributed or forfeited under subsection (c) of this section, except that there shall be no reduction for (A) a collateral source for which a right of subrogation exists, and (B) the amount of collateral sources equal to the reduction in the claimant’s economic damages attributable to the claimant’s percentage of negligence pursuant to section 52-572h.
The provision applies to both cases in which there is a judgment and cases which are settled.
As described previously the reference to (A) a collateral source for which a right of subrogation exists has been restricted to situations such as worker’s compensation cases and ERISA plans, which are specifically provided by other federal and state law.
If you or someone you have any questions, please feel free to contact Attorney Singer
Robert M. Singer, Attorney at Law
2572 Whitney Avenue
Hamden, CT 06518
203-248-8278
rsingerct@yahoo.com
Serving all of Connecticut