FROST v. PORTER LEASING CORP.


386 Mass. 425 (1982)

436 N.E.2d 387

FRANK F. FROST & another; THE UNION LABOR LIFE INSURANCE COMPANY, Intervener, vs. PORTER LEASING CORP. & another.

Supreme Judicial Court of Massachusetts, Middlesex.

June 3, 1982.


Attorney(s) appearing for the Case

Neil Sugarman (Dennis Paul Phillips with him) for the plaintiff.

Edward S. Rooney (William F. Kennedy, Jr., with him) for the intervener.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & O'CONNOR, JJ.


HENNESSEY, C.J.

A Superior Court judge has reported the question "[w]hether a group insurer which provides medical and hospital expenses benefits to an insured has a right of subrogation in a recovery by the insured against a tortfeasor for personal injuries even though the group insurance policy contains no express provision entitling the insurer to subrogation rights." We conclude that the insurer has no right, in the absence of a subrogation clause, to share in...

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