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Perreira v. Rediger

Supreme Court of New Jersey
778 A.2d 429 (2001)


Facts

One snowy day, Maria Perreira (plaintiff) slipped, fell, and sustained injuries on the premises of the Columbia Savings Bank (the Bank) (defendant). Perreira filed suit against the Bank, and its insurance carrier, Atlantic Mutual Insurance Company (defendant), as well as Michael Rediger (defendant), Columbia’s snow removal contractor and his liability carrier, the Preserver Insurance Company (defendant). Perreira’s health insurer, Oxford Health Plans, Inc. (Oxford), paid approximately $13,000 for her medical expenses. The insurance companies argued that under the state’s collateral source rule health insurers who expended funds on behalf of an insured could recoup those payments through common law or contractual subrogation when an insured-plaintiff successfully recovered damages against a defendant. The Supreme Court of New Jersey consolidated the Perreira matter with another case to examine the application of the collateral source rule.

Rule of Law

Issue

Holding and Reasoning (Long, J.)

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