Subrogation; collateral source rule
The collateral source rule does not entitle plaintiffs to recover the value of their insurer’s subrogation claim, when the insurer lost at arbitration.
“In the present case, the arbitration panel found (and the insurers agreed) that the defendant was not causally negligent, and in the context of that finding the tortfeasor did not have to pay the subrogated insurer anything. Nevertheless, a jury found the defendant 100% causally negligent. The plaintiffs in the instant case fully recovered their medical expenses through payment by their insurer ($10,000) and payment by the defendant ($2,517.14).”
“Nothing in Paulson leads to the conclusion that the result in Paulson depends on the percentage the subrogated insurer recovers or fails to recover for its subrogation claim.”
2009AP1669 Fischer v. Steffen
Attorneys: For Appellant: Basler, Todd E., Sheboygan; Brock, Shawn, Sheboygan; For Respondent: Conway, James O., Sheboygan; Cirillo, Corrado, Sheboygan