Hoffman v. 21st Century North America Insurance Co.

In October 2010, Eddie Hoffman was injured when his vehicle was rear-ended by a vehicle driven by Carolyn Elzy. Hoffman filed suit against Ms. Elzy and her insurer, 21st Century North America Insurance Company for damages allegedly resulting from the accident. This case presented with a question of first impression for the Louisiana Supreme Court's review as to whether a write-off from a medical provider, negotiated by plaintiff's attorney, could be considered a collateral source from which the tortfeasor receives no set-off. Applying Louisiana law and the principles set forth in our Civil Code, the Court found that such a write-off did not fall within the scope of the collateral source rule. View "Hoffman v. 21st Century North America Insurance Co." on Justia Law