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PERREIRA v. REDIGER

778 A.2d 429 (2001)

169 N.J. 399

Maria PERREIRA and Luciano Perreira, Plaintiffs, v. Michael C. REDIGER t/a, MCR Horticultural Enterprises and The Preserver Insurance Company, as insurer for Michael C. Rediger t/a Horticultural Enterprises, Defendants-Appellants, and Oxford Health Plans (NJ), Inc., Defendant-Respondent, and Columbia Savings Bank and/or Columbia Savings Bank or its Insurer, Atlantic Mutual Insurance Company a/k/a Centennial Insurance Company, Defendants. Leonard Achor, Lenore Achor and Preferred Mutual Insurance Company, as insurer for the Achors, Plaintiffs-Appellants, v. Oxford Health Plans, Inc., Takako Beninato and Michael Beninato, Defendants-Respondents.

Supreme Court of New Jersey.

Decided June 26, 2001.

Attorney(s) appearing for the Case

Fredric Paul Gallin, Westfield, argued the cause for appellants, (Methfessel & Werbel, attorneys).

Scott S. Levinson argued the cause for respondents Oxford Health Plans (NJ), Inc. and Oxford Health Plans, Inc.

Frank P. Beninato, Jr., Elizabeth, submitted a letter in lieu of brief on behalf of respondents Takako Beninato and Michael Beninato.

Michael J. Cernigliaro and Stephen J. Foley, Jr., Asbury Park, submitted briefs on behalf of amicus curiae New Jersey Defense Association (Campbell, Foley, Lee, Murphy & Cernigliaro, attorneys).

Franklin P. Solomon, Cherry Hill, submitted a brief on behalf of amicus curiae Association of Trial Lawyers of America New Jersey (Weitz & Luxenberg, attorneys).

The opinion of the court was delivered by LONG, J.

The question presented in these consolidated appeals is whether the collateral source rule embodied in N.J.S.A. 2A:15-97 allows a health insurer, who expends funds on behalf of an insured, to recoup those payments through subrogation or contract reimbursement when the insured recovers a judgment against a tortfeasor. The answer is no.

The purpose underlying...

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