DAMAGES – Connecticut Supreme Court holds that collateral source reduction is not allowed where there is any right of subrogation by the health insurer

1/24/2017 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

Category: Personal Injury & Wrongful Death

Peter K. O'Keefe

Connecticut General Statutes §52-225a permits a collateral source reduction except “that there shall be no reduction for . . . a collateral source for which a right of subrogation exists.”  In the case before the court, the plaintiff had been injured in a motor vehicle accident.  The jury awarded $84,283.00 in economic damages and $40,000.00 in noneconomic damages, for a total of $124,283.00.  Following trial, the defendants requested a collateral source reduction.  The Superior Court calculated the collateral source reduction by subtracting the cost to secure the collateral source benefits ($58,042.43) from the payments made to the plaintiff by the health insurer ($82,342.18).  This amounted to a collateral source reduction of $24,299.75.  The court therefore reduced the total verdict from $124,283.67 to $99,983.92, plus costs.  The health insurance plan at issue was admittedly an ERISA plan with a right of subrogation.  Prior to the judgment the ERISA insurer had agreed to accept $6,940.19 in full satisfaction of the right of subrogation in the event of a settlement for $120,000.00.  The court holds that since there was a right of subrogation under the plain and unambiguous language of §52-225a, there was no basis for any collateral source reduction of the jury verdict.  Marciano v. Jimenez, SC 19547 (12/22/16)

If you have a possible claim, you will need to review your options timely. For assistance, call the attorneys at Jackson O’Keefe now at (860) 278-4040

With offices in Southington and Wethersfield, as well as satellite offices in East Haddam, Bloomfield and Farmington, our lawyers strive to meet the needs of area residents, making getting your legal services easier than ever.  Call us now to speak with us about your case. (860) 278-4040 during business hours or 860.966.7436 any time, or email us any time at info@jacksonokeefe.com

Our Wethersfield office: 
433 Silas Deane Highway
Wethersfield, CT 06109
Phone: 860.278.4040
Fax: 860.527-2500

Share this:



Latest News

More Articles
best.jpg
PEER-REVIEW.jpg
SUPER-LAWYERS.jpg
BAR-REGISTER.jpg
CLM.jpg
top-attorneys-ct.jpg