The Colorado Supreme Court recently addressed what liability insurers will have to pay in covered bodily injury cases. InVolunteers of Am. Colo. Branch v. Gardenswartz, Case No. 09SC20, ___ P.3d ___ 2010 Colo. LEXIS 861 (November 15, 2010) the Court resolved the “billed vs. paid” issue in bodily injury cases. The Court held that the only evidence to be submitted to the jury as to the amount of the plaintiff’s medical expenses is the amount billed by the medical providers, not the amount actually paid to medical providers. All justices agreed that the tortfeasor should not benefit from the injured party’s own insurance payments for medical expenses, but the dissent said this principle should not used to allow a plaintiff to recover damages neither the plaintiff nor his insurer actually paid. Windfall or not, plaintiffs may now recover for billed medical expenses.
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