Scholle v. Ehrichs

Court of Appeals Case No. 20CA2051

Petition for Writ of Certiorari GRANTED. Cross-Petitions for Writ of Certiorari DENIED.

[REFRAMED] Whether the division erred in its application of both the contract exception to the collateral source rule, § 13-21-111.6, C.R.S. (2022), and the Health Care Availability Act's subrogation framework, § 13-64-402(3), C.R.S. (2022), by ordering the trial court to consider insurance contract liabilities when making findings as to whether good cause and unfairness exist to exceed the statutory damages cap.

DENIED AS TO ALL OTHER ISSUES.