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FASSO v. DOERR

12 N.Y.3d 80 (2009)

___ N.E.2d ___

___ N.Y.S.2d ___

PAULA FASSO et al., Respondents, and INDEPENDENT HEALTH ASSOCIATION, INC., Intervenor-Appellant, v. RALPH J. DOERR, M.D., Respondent.

Court of Appeals of New York.

Decided February 24, 2009.

Attorney(s) appearing for the Case

McGee & Gelman, Buffalo (Michael R. McGee of counsel), for intervenor-appellant.

Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for Paula Fasso and another, respondents.

Roach, Brown, McCarthy & Gruber, P.C., Buffalo (Joseph V. McCarthy and Elizabeth G. Adymy of counsel), for Ralph J. Doerr, M.D., respondent.

Law Offices of Michael A. Haskel, Mineola (Michael A. Haskel, Miranda W. Turner and Brandon W. Zlotnick of counsel), for Medical Society of the State of New York, amicus curiae.

Greenberg Traurig, LLP, Albany (Harold N. Iselin and Stephen M. Buhr of counsel), for New York Health Plan Association, Inc., amicus curiae.

Before: Judges CIPARICK, READ, SMITH, PIGOTT and JONES concur; Chief Judge LIPPMAN taking no part.

OPINION OF THE COURT

GRAFFEO, J.

When a person suffers personal injuries because of the wrongdoing of another and the injured party's health insurer pays for medical treatment, a cause of action for equitable subrogation accrues to the health insurer, allowing the insurer to seek recoupment of its expenditures. The issue before us is whether the injured party and the tortfeasor can agree to a settlement that extinguishes the insurer's subrogation rights...

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