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COUNTY OF BERGEN v. HORIZON BLUE

Docket No. A-0616-09T1

988 A.2d 1230 (2010)

412 N.J. Super. 126

COUNTY OF BERGEN EMPLOYEE BENEFIT PLAN and the county of Bergen, Plaintiffs-Respondents, v. HORIZON BLUE CROSS BLUE SHIELD OF NEW JERSEY, ACS Recovery Services, Inc., Primax Recoveries, Inc., Defendants-Appellants, and Insurance Design Administrators, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided February 24, 2010.

Attorney(s) appearing for the Case

Edward S. Wardell, Haddonfield, argued the cause for appellant Horizon Blue Cross Blue Shield of New Jersey (Wardell, Craig, Annin and Baxter, LLP, attorneys; Mr. Wardell and Ekta Patel, on the brief).

Lorin M. Subar (Sumner, Schick and Pace) of the Texas bar, admitted pro hac vice, argued the cause for appellants ACS Recovery Services, Inc., and Primax Recovery Services, Inc. (McCarter & English, LLP, attorneys; David J. Cooner, of counsel; Mr. Subar and Natalie S. Watson, Newark, on the brief).

Leonardo M. Tamburello argued the cause for respondents County of Bergen Employee Benefit Plan and the County of Bergen (Kalison, McBride, Jackson & Hetzel, PC, attorneys; Mr. Tamburello, of counsel; Mr. Tamburello and Rebecca M. Szelc, on the brief).

Before Judges CARCHMAN, PARRILLO and LIHOTZ.

The opinion of the court was delivered by

PARRILLO, J.A.D.

We granted leave to appeal to determine whether plaintiffs' claims against defendants, for failure to pursue subrogation actions to recover medical expenses plaintiffs paid to certain insureds who brought personal injury claims against third-party tortfeasors, are barred by the Collateral Source Rule, N.J.S.A. 2A:15-97 (Section 97). For reasons that follow, we conclude that the trial court erred...

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