Frost v. Porter Leasing Corp.
Supreme Judicial Court of Massachusetts
436 N.E.2d 387 (1982)
After Frost (plaintiff) was injured in a car accident and sued the other driver, his union health insurer, Union Labor, which had paid his medical benefits, intervened claiming a subrogation right to share in any settlement Frost obtained covering medical expenses. Frost settled his claim, the trial court found Union Labor had a subrogation right in the settlement reduced by a share of Frost's litigation costs, and the subrogation question was certified directly to the Supreme Judicial Court.
Whether an insurer that pays medical or hospital expenses under a policy without an express subrogation clause may nonetheless bring an implied subrogation claim against the insured's tort recovery.