• The Supreme Court holds that unless an injured employee assigns a cause of action or voluntarily joins litigation as a party plaintiff, the insured may not enforce its statutory right to subrogation by filing a direct action against the tortfeasor.
  • January 22, 2019
  • The claimant sustained multiple injuries when she was standing in a parking lot of Thrifty Rental Car and was struck by a rental vehicle driven by one of the defendant tortfeasors. The claimant was in the course of employment at the time of the accident and was paid workers’ compensation benefits by the insurer, The Hartford Insurance Group. The claimant did not seek to recover damages by filing an action against the tortfeasors and, shortly before the two-year statute of limitations was set to expire, the insurer filed a Writ of Summons against them, with the intention of effectuating its subrogation rights under § 319 of the Workers’ Compensation Act. Later, the insurer filed a complaint against the tortfeasors.