Will Continued Tort Reform Eliminate the Collateral Source Rule?
Back in 1854 on the Great Lakes, a steamboat collided with a schooner causing it to sink while loaded with freight. The schooner was insured and the defense argued that they had already been paid for the replacement. The court would not make any reduction in damages stating that the insurance had no relevance to the case. Many states still employ the collateral source rule (including Colorado), which existed under common law. The rule states that recovery for damages will
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