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Verdicts

By ALM Staff | Law Journal Newsletters |
August 28, 2013

No Plaintiff Contribution, No Collateral Source Evidence Exclusion

The Court of Appeals of Florida, Second District, reversed a ruling that said Florida's collateral source rule (' 768.76(1), Fla. Stat. (1986)) prohibited an insurer from presenting evidence that the disabled plaintiff's long-time eligibility for Medicare could reduce his future medical care costs; the court found that, because the plaintiff had not paid into the Medicare fund in order to partake of its benefits, the collateral source rule did not apply in his case. State Farm Mutual Automobile Insurance Co. v. Joerg, 2013 Fla. App. LEXIS 9840 (6/21/13).

Test Might Have Revealed Unrelated Condition; Causation Not Shown

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