Haman v. MacO Insurance Co.

f 18 I dissent from the Court’s decision that MACo is not entitled to a collateral source reduction of the jury’s award in this case.

¶19 Section 27-1-308, MCA, the collateral source reduction statute, provides as follows:(1) In an action arising from bodily injury or death when the total award against all defendants is in excess of $50,000 and the plaintiff will be fully compensated for his damages, exclusive of court costs and attorney fees, a plaintiffs recovery must be reduced by any amount paid or payable from a collateral source that does not have a subrogation right.(3) The jury shall…