Arnold A. Calderon, Petitioner v. American Family Mutual Insurance Company, Respondent — Gabriel, J., Dissenting

Summary

Justice Gabriel’s dissent would permit the insurer to offset MedPay benefits already paid against the insured’s UM/UIM recovery when the offset prevents duplicative compensation for the same medical expenses. The dissent reasons that the statute protects the amount of coverage available, not a double recovery after the insured has been fully compensated, and that the MedPay anti-subrogation provision does not apply to an offset by the same insurer. It also concludes that the contract exception to the collateral-source rule does not bar the offset because the insurer was both the liable party and the source of the earlier payment. Justices Márquez and Hood joined the dissent.