Rooney v. Fireman's Fund Insurance

645 A.2d 52, 138 N.H. 637, 33 A.L.R. 5th 897, 1994 N.H. LEXIS 78
CourtSupreme Court of New Hampshire
DecidedJuly 6, 1994
DocketNo. 93-560
StatusPublished
Cited by12 cases

This text of 645 A.2d 52 (Rooney v. Fireman's Fund Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rooney v. Fireman's Fund Insurance, 645 A.2d 52, 138 N.H. 637, 33 A.L.R. 5th 897, 1994 N.H. LEXIS 78 (N.H. 1994).

Opinion

Thayer, J.

The plaintiff, Michael Rooney, appeals the decision of the Superior Court (Hampsey, J.) that the defendant, Fireman’s Fund Insurance Company (Fireman’s Fund), has a valid workers’ compensation lien on proceeds' received under the uninsured motorist provision of Rooney’s automobile insurance. We affirm.

On September 23, 1988, Rooney was involved in a work-related automobile accident. As a result of the accident, Rooney collected approximately $100,000 in workers’ compensation benefits under a policy issued by Fireman’s Fund to Rooney’s employer, Rooney Enterprises.

At the time of the accident, Rooney was a named insured, along with Rooney Enterprises, under an automobile policy issued by Merchants Mutual Insurance Group (Merchants), which contained a $500,000 uninsured motorist endorsement. After settling with the tortfeasor’s insurance carrier in 1990 for $25,000, Rooney pursued an uninsured motorist claim against Merchants and separately filed a petition for declaratory judgment to determine whether Fireman’s Fund would be entitled to a lien against any uninsured motorist benefits he might receive. On the uninsured motorist claim, Rooney was awarded $225,000, less the $25,000 collected from the tortfeasor’s insurance carrier. Thereafter, the trial court granted summary judgment to Fireman’s Fund on the question of the lien. This appeal followed.

Rooney first argues that Fireman’s Fund does not have a valid lien on the benefits of his uninsured motorist coverage because the workers’ compensation insurance agreement between Rooney and Fireman’s Fund contains no plain language that would support such a lien. We need not engage in an interpretation of the policy language at issue, however, because, as we have consistently held, the rights and remedies of parties under the workers’ compensation law, RSA ch. 281-A (Supp. 1993), “are purely statutory. The nature and extent of compensation to the injured employee as well as the [639]*639extent and manner by which a compensation payor can be reimbursed is governed by the express statutory language and that which can be fairly implied therefrom.” Bilodeau v. Oliver Stores, Inc., 116 N.H. 83, 87, 352 A.2d 741, 744 (1976) (citation omitted); see also Lakin v. Daniel Marr & Son Co., 126 N.H. 730, 731-32, 495 A.2d 1299, 1301 (1985). Thus, even if Fireman’s Fund had neglected to include expressly in its policy its right to assert a lien against Rooney’s uninsured motorist benefits, its right to assert such a lien would nevertheless be governed and protected by an applicable workers’ compensation statute. Cf. Lakin, 126 N.H. at 731-32, 495 A.2d at 1301 (workers’ compensation acts create rights all their own).

The statute applicable to this case, RSA 281-A:13, I (Supp. 1993), provides that the workers’ compensation insurance carrier “shall have a lien on the amount of . . . benefits recovered by the employee,” RSA 281-A:13, I(b), under “a contractual obligation to pay benefits under the uninsured motorist provision of any motor vehicle insurance policy.” RSA 281-A:13, I(a)(2). We have already held that this provision expressly grants to the workers’ compensation carrier exactly what it purports to grant; namely, a statutory lien on the employee’s uninsured motorist recovery. Carter v. Liberty Mut. Fire Ins. Co., 135 N.H. 406, 409, 605 A.2d 221, 222 (1992). As we noted in Carter, the statute upholds the principle that “ ‘the injured work[er] should not be allowed to keep the entire amount of both his [or her] compensation award and his [or her] common law recovery which would amount to a double recovery.’” Id. (quoting Bilodeau, 116 N.H. at 87, 352 A.2d at 744). Furthermore, the statute ensures that the right to assert a workers’ compensation lien depends not upon the adequacy of the tortfeasor’s insurance coverage, but upon the actual liability of the third party tortfeasor, which is the underlying predicate for the assertion of a workers’ compensation lien. See Bilodeau, 116 N.H. at 87, 352 A.2d at 744. Recognizing a carrier’s right to assert a workers’ compensation lien on an employee’s uninsured motorist benefits thus avoids rewarding employees for the “fortuity” of experiencing a collision with an uninsured tortfeasor. See generally Harris v. New Castle County, 513 A.2d 1307, 1309 (Del. 1986); Midland Ins. Co. v. Colatrella, 102 N.J. 612, 616-18, 510 A.2d 30, 32-33 (1986).

Rooney correctly notes that a majority of jurisdictions disfavor workers’ compensation liens on uninsured motorist benefits, allowing employees to retain both workers’ compensation and uninsured motorist benefits. See 2A A. Larson, The Law of Workmen’s [640]*640Compensation § 71.23(a), at 14-28 to 14-33 (1993). We do not find such case law persuasive, as most of the relevant decisions from these jurisdictions are premised upon statutes that, unlike RSA 281-A:13,1, do not expressly provide for workers’ compensation liens on uninsured motorist benefits. See, e.g., March v. Pekin Ins. Co., 465 N.W.2d 852 (Iowa 1991); Berna-Mork v. Jones, 165 Wis. 2d 661, 478 N.W.2d 301 (Ct. App. 1991).

Furthermore, Rooney’s reliance on our decision in Merchants Mutual Insurance Group v. Orthopedic Professional Association, 124 N.H. 648, 480 A.2d 840 (1984), does not compel a different result. Merchants Mutual was decided prior to the 1985 amendment to the workers’ compensation statute (currently codified at RSA 281-A:13, I (Supp. 1993)) that expressly provides for a carrier’s right to assert a lien against uninsured motorist benefits. See Merchants Mutual, 124 N.H. at 657-59, 480 A.2d at 845-46 (analyzing the parties’ rights under the statutory lien found in RSA 281:14 (Supp. 1983)). In light of the fact that Merchants Mutual was predicated on the interpretation of a statute that did not directly address the validity of a workers’ compensation lien on uninsured motorist benefits, and because the legislature has now expressly provided for such a lien, see RSA 281-A:13, I, Merchants Mutual cannot be relied upon as authority for denying a workers’ compensation carrier the statutory right to assert a lien against an employee’s uninsured motorist benefits.

Rooney next argues that RSA 281-A:13, I, unconstitutionally discriminates against the class of persons who purchase uninsured or underinsured motorist policy protection by unreasonably and arbitrarily interfering with their right to recover for personal injuries. Under our interpretation of the equal protection provisions of the New Hampshire Constitution, N.H. Const. pt. I, arts. 2, 12, a statute whose classifications interfere with a person’s right to recover for personal injuries must be reasonable, not arbitrary, and must rest upon some ground of difference having a fair and substantial relation to the object of the legislation. Brannigan v. Usitalo, 134 N.H.

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Bluebook (online)
645 A.2d 52, 138 N.H. 637, 33 A.L.R. 5th 897, 1994 N.H. LEXIS 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rooney-v-firemans-fund-insurance-nh-1994.