Subrogation Against Municipality - Notice Benefits

Saturday, May 20, 2006 | 0

By Larry Rogak

Hartford Insurance Company v. City of New York, (Index No. 34056/02) (2d Dept 2006)

An insurer that brings a subrogation action against a municipal corporation gets the benefit of the notice of claim filed by the subrogor, the Second Department has ruled.

Gordon Lumbra was employed by Don Stevens Tire Co. in Connecticut to collect used tires from a Brooklyn garage owned by the defendant City of New York Department of Sanitation. He fell from a loading dock in the garage on May 31, 2001, severely injuring his foot.

On August 29, 2001, prior to the expiration of the 90-day period set out in General Municipal Law 50-e(1)(a) for filing a Notice of Claim, Lumbra, then acting pro se, filed a notice of claim with the City. The notice alleged that the defendants failed to properly maintain the loading dock, and he was injured as a result. Lumbra subsequently determined not to pursue a personal injury action against the City.

In August 2002 Hartford, which paid Workers Compensation benefits to Lumbra, acting as subrogee, filed a notice of claim for the Workers Compensation payments it had made to Lumbra. It also commenced an action on August 27, 2002, to recover those payments. The defendants cross-moved for summary judgment dismissing the complaint under General Municipal Law