Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Jimenez Jr. v. Corona

Court Declines to Recognise Settlement From Mediation; Trial on Subrogation Issue Needed

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Papers NumberedNYSCEF docs. 32-38 & 50DECISION AND ORDER

*1 The parties have filed a motion and cross-motion to compel the terms of a general release and requiring its execution.The parties proceeded to a mediation where they thought that they had settled the action and their dispute stemming from a vehicular accident at a toll plaza in New Jersey on July 6, 2015. Based on plaintiffs’ residence in Queens County, New York, an action was commenced in this Court, followed by mediation. At the mediation proceeding, the parties did not agree whether or not the purported settlement would extinguish the rights of plaintiff’s insurer to proceed against defendant in a future subrogation action for no fault first-party benefits. Instead, the parties turn to the Court to compel a settlement and the terms of a general release favorable to their positions.The Appellate Division has held that whether or not an insurer can proceed with a post-settlement subrogation claim turns on the exact terms of the settlement and the release. Compare Group Health, Inc. v. Mid-Hudson Cablevision, Inc., 58 A.D.3d 1029, 1031 (3rd Dept. 2009) (“[I]nasmuch as it is undisputed here that defendants, the third-party tortfeasors, had knowledge of plaintiff’s subrogation rights, the settlement has no

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
Associate General Counsel, Global Employment

Role TitleAssociate General Counsel, Global EmploymentGrade F13Reporting ToSenior Legal Counsel, Global EmploymentProgram/Tool/ Department/U...


Apply Now ›
Associate Attorney

Ryan & Conlon, LLP, is a boutique firm specializing in insurance defense. We are a small eclectic practice with a busy and fast paced en...


Apply Now ›
INTELLECTUAL PROPERTY PROSECUTION PARALEGAL

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›
Go to Lawjobs