Collateral source rule splits court

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted April 7, 2020 4:50 PM

Updated April 8, 2020 10:37 AM

This is the first of a two-part column. The second part will publish on Thursday.Disagreeing with two of her Illinois Appellate Court colleagues who concluded that the collateral source rule didn’t block a defendant from claiming a setoff for a $400,000 payment from a co-defendant’s insurance company — in a combined breach of contract, mechanics lien case where (1) Süd Family Limited Partnership hired Otto Baum Co. for grading work on five lots in Peoria (2) Methodist Services Inc. purchased Lots 2 and 5 …

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