FROST V. PORTER LEASING CORP.
386 Mass. 425, 436 N.E.2d 387 (1982)
NATURE OF THE CASE: This is a subrogation case for medical expenses paid by an insurer.
Frost (P) appealed from a ruling that intervenor insurance company had subrogation rights in
the proceeds of the benefits it had been paid for medical expenses.
FACTS: Frost (P) recovered medical expenses, pain and suffering, and impaired earning
capacity for an injury in a motor vehicle accident. His wife recovered for loss of
consortium. While the case was pending, P received medical expense benefits under a union
health plan paid for by his employer. The union health plan contained no provision for
subrogation. The insurer intervened and the trial judge concluded that the insurer had a
right of subrogation in the proceeds of the settlement to the extent it had paid P, less a
share of the costs the Frosts had incurred in obtaining a settlement.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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