Supreme Court of Colorado
Volunteers of America Colorado Branch, a Colorado Non-Profit Corporation, and Volunteers of America…
November 15, 20102010 Colo. LEXIS 861
Summary
The court held that a tort plaintiff may recover the full amount of reasonable medical expenses billed, including amounts written off under the plaintiff’s health-insurance contracts, rather than only the amount actually paid by the insurer. It interpreted the contract exception in Colorado’s collateral-source statute to bar the tortfeasor from receiving the benefit of insurance-funded discounts. The court affirmed the court of appeals and remanded for further proceedings. Justice Rice, joined by Justices Coats and Eid, dissented, concluding that the discounts should be set off to prevent double recovery.