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Litigation

Oct. 19, 2010

The Fate of The Collateral Source Rule

The future expansion of the collateral source rule is before the state Supreme Court. Will its decision cost insurers millions of dollars annually? By David S. Ettinger of Horvitz & Levy.

By David S. Ettinger

Normally, few people - not even lawyers - get excited about legal remedies issues, but there are exceptions. One major exception is now before the state Supreme Court in Howell v. Hamilton Meats & Provisions Inc., review granted March 10, 2010 (S179115). The fact that hundreds of millions of dollars annually are at stake might have something to do with the intense interest.

The court in Howell (a car ac...

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