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Hoffman v. 21st Century North American Insurance Co.

Louisiana Supreme Court

2015 WL 5776131 (2015)

Relevant factsFree

Hoffman (plaintiff) sued Elzy's insurer, 21st Century (defendant), after a car accident, and won on liability; on damages, Hoffman presented $4,528 in medical bills, but 21st Century showed that Hoffman's attorney had separately negotiated a $2,050 write-off of those charges with the medical provider. The trial court excluded the written-off amount from Hoffman's medical-expense damages award, and the court of appeal affirmed.

IssueFree

Whether the collateral-source rule applies to an independent source of recovery that the plaintiff did not pay for in any way.

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