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Thomas F. Gleason, a partner in Gleason, Dunn, Walsh & O'Shea, writes that CPLR 4545 originally was enacted in response to the medical malpractice insurance crisis, and was designed to reduce insurance premiums by excising from the tort judgment collateral source payments, such as health insurance benefits a tort plaintiff received, thereby reducing tort recoveries paid by malpractice liability insurers. CPLR 4545 still is creating problems, however, and the nature of the problems requires consideration of the doctrine of equitable subrogation, which the Court of Appeals recently had occasion to do so in Fasso v. Doerr .
March 19, 2009 at 12:00 AM
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