The Collateral Source Rule in Texas: Its Impending Demise and a Proposed Modification

Date

1987

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

One proposed method of insurance reforms calls for the abolition of the collateral source rule. This Comment indicates that such a drastic measure would not necessarily accomplish its goal and would threaten the balance necessary in an equitable tort law system. The present form of the rule does not always provide justice. By extending the right of subrogation to all collateral source providers, damages would favor neither the plaintiff nor the defendant. Adoption of the proposal suggested in this Comment will effectively curb the double recovery that sometimes occurs under the collateral source rule, while preserving the well-entrenched system of damage allocation in Texas.

Description

Keywords

Insurance, Damages, Collateral source rule, Double recovery, Tort law, Damage allocation

Citation

18 Tex. Tech L. Rev. 961