Supreme Court of Colorado
Volunteers of America Colorado Branch, a Colorado Non-Profit Corporation, and Volunteers of America — Rice, J…
November 15, 20102010 Colo. LEXIS 861
Summary
Justice Rice dissented from the majority's interpretation of Colorado's collateral-source statute. The dissent would hold that the difference between healthcare providers' billed charges and the amount actually paid by the plaintiff's insurer is not a contractual benefit paid to or negotiated on behalf of the plaintiff and therefore must be set off from the tort award. The dissent reasoned that this interpretation best implements the legislature's purpose of preventing double recoveries.