Boehm, R. v. Riversource Life Insurance

CONCURRING AND DISSENTING OPINION BY

SHOGAN, J.:

I join the Majority’s analysis and disposition of issues one through four and six. However, because I do not believe this case presents the appropriate context for application of the total offset method, I respectfully dissent on issue five.

Our Supreme Court adopted the total offset method of calculating damages in the limited context of lost future income resulting from an automobile accident. Kaczkowski v. Bolubasz, 491 Pa. 561, 421 A.2d 1027 (1980). The Kaczkowski Court addressed, inter alia, the existing law on damages, which discounted the…