In a decision issued today, Fasso v. Doerr , NY Slip Op 01320 (2009), New York's Court of Appeals addressed an issue that comes up repeatedly in medical malpractice and personal injury actions. Can the plaintiff and the defendant come to a settlement agreement that extinguishes the insurer's subrogation rights? The Court's answer? Not without the subrogee's consent. Click on the link for the full text of the decision.