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Unformatted text preview: despite the Souza decision, since that decision, rendered in a contract setting, was distinguishable. Rule of Law or Legal Principle Applied: Collateral Source Rule The rule of damages that benefits received by the plaintiff from a source wholly independent of and collateral to the wrongdoer will not diminish the damages otherwise recoverable. Reasoning: The defendant does not benefit from the insurance of the plaintiff. The plaintiff is not being awarded double recovery as the defense argues; the plaintiffs attorneys are paid from this as well. Evidence of plaintiff's insurance coverage was rightfully excluded where defendants could not show a proper relationship between the coverage and an issue in the case. Concurring/Dissenting Opinions: Additional Comments/Personal Impressions:...
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- Fall '09