Topic
Collateral source rule
32 published works
TortsProf Blog
KS: Conference Committee Adopts Increase in Med Mal Cap; No Collateral Source Reform
Late last month, I reported that the Kansas legislature was going to conference committee to raise the med mal cap. Both the House and Senate adopted a gradual increase of…
Resolving Discovery Disputes
You Can Discover How Much Was Paid for Medical Treatment
Last year, the California Supreme Court in Howell v. Hamilton Meats & Provisions (2011) 52 C4th, 541 punched a hole in the collateral source rule by limiting plaintiff's recovered damages…
South Carolina Injury Law Journal
Collateral Source Rule: Why Your Personal Injury Settlement is Not Valued on Co-Pays
By Trey Mills
Inevitably I will have clients that make the poor decision to try and work things out with the at fault party's insurance adjuster, thinking the at fault insurance company would…
Offshore Winds
U.S. Fifth Circuit Clarifies the Role of the Collateral Source Rule with a Seaman’s Recovery of Cure
A recurring issue in personal injury litigation is the amount of medical expenses a plaintiff is entitled to recover from the defendant. The health care providers charge or bill the…
Day On Torts
California Supreme Court Limits Medical Expense Recovery to Amount Paid By Insurer
By John Day
The California Supreme Court has ruled that a tortiously injured person who receives medical care for his or her injuries may recover medical expenses only in the amount that the…
Reverse & Render
41.0105 Debate Resolved — Hooray!
In prior posts, Byron Henry and I have opined on a split among the intermediate courts of appeals regarding whether 41.0105 of the Texas Civil Practice and Remedies Code abrogates the collateral…
California Personal Injury Law Case Notes
California Supreme Court Hears Argument in Howell v. Hamilton Meats
By Mike Danko
When a wrongdoer causes injury, he must pay the victim’s hospital bills. If the victim happens to have insurance, the insurance company will often settle those bills before trial. Should the wrongdoer be…
Property Insurance Coverage Law Blog
More on the Collateral Source Rule
As promised, here is a review of Judge Van Nortwick’s dissent in the case of Citizens Property Ins. Corp. v. Ashe, No. 1D09-1546, 2010 WL 4628915 (Fla. 1st DCA Nov.…
Property Insurance Coverage Law Blog
The Collateral Source Rule
My last couple of hurricane related posts involved discussions of The Other Insurance Clause and The Total Loss Recovery Rule as discussed in Citizens Property Ins. Corp. v. Ashe, No.…
Property Insurance Coverage Law Blog
QBE Lawsuits are Unilaterally Redefining Property Insurance Law Coverage Cases in Florida
By Chip Merlin
QBE Insurance Company is becoming quite prevalent in the news and legal case decisions in Florida. While reviewing other blogs, I came across Dennis Wall’s two blogs, Insurance Claims Issues…