MA H1966

Attorney's fees and costs for recovering damages from a tortfeasor must be divided proportionally between the injured person and the health insurer (HMO, hospital, medical, or dental service corporation) based on amounts each receives from the judgment or settlement.

Courts may reduce an insurer's lien after a hearing when the settlement or judgment is less than the plaintiff's total damages.

Health insurers' subrogation claims, liens, or reimbursement rights are capped at a proportionate share of recovery relative to the injured person's total tort damages, regardless of contrary contractual terms.

Either the insurer or injured person may petition the court to determine settlement reasonableness and fair allocation of proceeds.

When an injured person and workers' compensation insurer disagree on apportionment of a third-party recovery, the court must provide just and reasonable apportionment, with plaintiffs retaining the right to withdraw settlement consent if dissatisfied with the allocation.