Transfer granted in write-offs case

  • Print
Listen to this story

Subscriber Benefit

As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now
This audio file is brought to you by
Loading audio file, please wait.
  • 0.25
  • 0.50
  • 0.75
  • 1.00
  • 1.25
  • 1.50
  • 1.75
  • 2.00

The Indiana Supreme Court granted transfer yesterday to a case of first impression involving write-offs and insurance benefits.

In Brandon Stanley v. Danny Walker, No. 41A01-0610-CV-462, the Indiana Court of Appeals ruled write-offs constitute insurance benefits for which an insured has paid directly, so opposing parties in suits can't introduce evidence of write-offs to reduce damages.

Brandon Stanley and Danny Walker were involved in a car accident in which Walker was seriously injured. The gross charges of his medical bills were later adjusted downward by write-offs negotiated by his insurance company.

While at trial for a complaint against him filed by Walker, Stanley made an offer of proof on the total of Walker's medical bills to show the amount of the write-offs Walker received. The trial court sustained Walker's objection, citing Indiana's collateral source statute.

The appellate court decided Walker should be able to reap the benefits of the write-offs because he paid his insurance premiums.

Please enable JavaScript to view this content.

{{ articles_remaining }}
Free {{ article_text }} Remaining
{{ articles_remaining }}
Free {{ article_text }} Remaining Article limit resets on
{{ count_down }}