A plaintiff is not precluded from maintaining an action simply because plaintiff received payment from its insurance carrier.
Practitioners should note that plaintiff's receipt of an insurance payment may be relevant as a possible setoff against the damages award, pursuant to CPLR 4545[c].
Case: Hopper v. McCollum, NY Slip Op 06315 (2d Dept. 2009)
The opinion is here.
Monday’s issue: Labor Law.
