STORY FROM: Reinsurance & Arbitration
Collateral Source Rule Bars Reinsurance Evidence
June 3, 2008
NEW ORLEANS - Under Louisiana's collateral source rule, a hospital's professional liability insurer was not required to present evidence of reinsurance to jurors during a misrepresentation trial, the 5th Circuit U.S. Court of Appeals affirmed May 8. Kadlec Medical Center, et al. v. Lakeview Anesthesia Associates, et al., No. 06-30745 (5th Cir.).
The panel, led by Judge Thomas M. Reavley, held that exceptions to the rule are not applicable in this case.
In November 2002, Dr. Robert L. Berry, a licensed anesthesiologist working at Kadlec Medical Center, administered anesthesia to Kim Jones during a routine tubal litigation. During the surgery, ...