Collateral Source Rule Interpreted By NJ Appellate Division.

In County of Bergen Employee Benefit Plan v. Horizon Blue Cross and Blue Shield Of New Jersey, the Apellate Division held that under the Collateral Source Rule, a county with a self insured benefits plan for its employees is not entitled to pursue a subrogation action to recover medical expenses the plan paid to its insured. The insured was a county employee who brought personal injury/ medical malpractice claims against third party tortfasors. In Perreira v. Rediger, the Court held that the collateral source rule, N.J.S.A. 2A:15-97, barred the plaintiff’s healthcare carrier from recovering medical expenses by reimbursement or subrogation, with limited exception. The found that nothing in Perreira suggested that there was a statutory exception for a self insured municipality.

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