Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1966

Introduced
2/27/25  

Caption

Concerning equitable allocation of recovery proceeds for subrogation claims

Impact

The proposed changes are significant as they redefine how recovery proceeds are divided in personal injury cases. By mandating that the cost allocation for attorney's fees and related expenses is split proportionally, the bill promotes a more equitable financial outcome for injured parties. It allows for a fairer distribution of recoveries, especially in situations where total damages exceed settlements or judgments. This could benefit individuals seeking compensation after an accident by preventing insurers from taking an excessively large share of recovery amounts.

Summary

House Bill 1966 aims to amend sections of Massachusetts law concerning the equitable allocation of recovery proceeds for subrogation claims. The bill introduces new provisions in Chapter 111 of the General Laws, specifically regarding how health maintenance organizations and insurers may recover costs from judgments, settlements, or compromises related to personal injury cases. Notably, this bill seeks to ensure that the allocation of attorney's fees and costs incurred in these claims is fairly divided between the insurer and the injured party based on the amounts they receive.

Contention

However, the bill has spurred discussions around the balance of rights between insurers and injured parties. Proponents argue it empowers plaintiffs and ensures they receive a just share of their recoveries, while opponents may raise concerns about the implications for insurers’ ability to recoup their costs effectively. The bill's emphasis on modifying the existing rights of health insurers regarding subrogation claims may lead to increased litigation as more parties could challenge the allocation of recovery proceeds in court, thus impacting the landscape of personal injury recovery and insurance practices.

Companion Bills

MA H5062

Replaced by Concerning equitable allocation of recovery proceeds for subrogation claims

Previously Filed As

MA H5062

Concerning equitable allocation of recovery proceeds for subrogation claims

MA H1129

To conform private with public subrogation policy

MA LB313

Change provisions under the Nebraska Workers’ Compensation Act relating to subrogation of third-party claims and the distribution of proceeds in the settlement of third-party claims

MA HB1381

Concerning An Insurer's Right To Subrogation And Reimbursement For Medical And Hospital Benefits.

MA S1127

Ensuring access to equitable representation in immigration proceedings

MA H660

Concerning equitable state summative assessments of students

MA H1954

Ensuring access to equitable representation in immigration proceedings

MA LD1792

An Act to Ensure Fair and Equitable Recovery of Post-restructuring Stranded Costs

MA H2232

To require equitable payment from the Commonwealth

MA H1971

To restore the statute of limitations for wrongful death claims

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