Does the collateral source rule apply to insurance claims?

California, United States of America


The following excerpt is from Cabrera v. E. Rojas Properties, Inc., 11 Cal. Daily Op. Serv. 2494, 122 Cal.Rptr.3d 390, 192 Cal.App.4th 1319, 2011 Daily Journal D.A.R. 2 (Cal. App. 2011):

Finally, the collateral source rule includes the principle that "jurors should not be told that the plaintiff can recover compensation from a collateral source." ( Lund v. San Joaquin Valley Railroad, supra, 31 Cal.4th at p. 10, 1 Cal.Rptr.3d 412, 71 P.3d 770; Arambula v. Wells, supra, 72 Cal.App.4th at pp. 1015-1016, 85 Cal.Rptr.2d 584.) No violation of this rule occurred in this case because no evidence of compensation received from her insurer was introduced to the jury.

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