Todd Miller and Victoria Miller, Plaintiffs Below, Appellants v. State Farm Mutual Automobile Insurance Company…

Summary

The court held that the collateral source rule applies to an underinsured motorist claim and barred evidence that the injured insured received workers’ compensation benefits or settled the carrier’s reimbursement lien. Because the insurer’s liability was derivative of the tortfeasor’s liability and the insured’s damages were governed by tort principles, the trial court erred by admitting the evidence. The error was not harmless because liability was conceded and the jury’s zero-damages verdict could have reflected improper concern about double recovery.