This form for use in litigation against an insurance company for bad faith breach of contract. Adapt this model form to fit your needs and specific law. Not recommended for use by non-attorney.
Kentucky Complaint for Recovery of Monies Paid and for Declaratory Judgment as to Parties' Responsibility and Subrogation
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How to fill out Complaint For Recovery Of Monies Paid And For Declaratory Judgment As To Parties' Responsibility And Subrogation?
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FAQ
The collateral source rule is a common law doctrine under which an injured party's damage award may not be reduced by payments, also intended to compensate the harm caused by the tortfeasor, received from third parties.
(C) Collateral source benefit defined For purposes of this paragraph, the term ?collateral source benefit? means any amount paid or to be paid in the future to or on behalf of the plaintiff, or any service, product, or other benefit provided or to be provided in the future to or on behalf of the plaintiff, as a result ...
However, claims against the state government in Kentucky are allowed by section 231 of the Kentucky Constitution. This part of the state constitution effectively waives the ?sovereign immunity? in Kentucky, something that prevents lawsuits against many types of state governments in the country.
The collateral source rule prevents a monetary award from being reduced if the costs are covered by another source. The rule may prohibit evidence of such payments from being presented in court. Every U.S. state has a collateral source rule and their details vary.
There are a few exceptions to the collateral source rule. They usually involve medical malpractice claims and/or cases that involve unpaid medical bills. Your personal injury lawyer can provide more explanation about these fine points of the law.
?The collateral source rule provides that benefits received by an injured party for his injuries from a source wholly independent of, and collateral to, the tortfeasor will not be deducted from or diminish the damages otherwise recoverable from the tortfeasor.? Schwartz v. Hasty, 175 S.W. 3d 621, 626 (Ky. App.