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CO SB181
Bill
AI Summary
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Modifies Colorado's collateral-source rule to allow evidence of insurance coverage and other collateral source payments in civil litigation unless the plaintiff elects to exclude such evidence.
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Plaintiff may exclude collateral source evidence only if the action involves contract or tort, liability is admitted or determined by jury, plaintiff seeks damages for losses recoverable from collateral sources, and plaintiff agrees to damages reduction limited to the greater of: (1) amount actually paid by collateral source, or (2) premiums/contributions plaintiff paid to secure that coverage.
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Establishes post-verdict procedure requiring collateral source determination within ten days, with court reducing award by amounts paid by collateral sources and offsetting reductions by premiums/contributions plaintiff paid up to one year before action accrual.
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Prohibits evidence of billed amounts for medical services from being shown to jury together with collateral source information unless the tortfeasor was convicted of a second or subsequent alcohol-related driving offense; jury cannot be instructed on who paid bills without good cause.
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Preserves hospital lien rights under section 38-27-101, healthcare department lien rights under section 25.5-4-301(5), and workers' compensation subrogation rights under section 8-41-203; effective August 9, 2017, subject to referendum petition.
Legislative Description
Collateral-Source Rule Evidence Of Insurance
Last Action
House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
4/19/2017