American Family Insurance Co. v. Barnett

Opinion by

Judge PIERCE.

Defendants, Gail F. and Gary Barnett, seek review of a declaratory judgment which held that the limit of payable benefits clause in their automobile insurance policy was valid and was properly applied to deduct, as collateral source payments, the payments they received from Social Security disability insurance. We affirm.

Defendants first argue that the collateral source limitation contained in § 13-21-111.6, C.R.S. (1987 Repl.Yol. 6A) is unconstitutional in that it applies retroactively to reduce existing substantive rights, impairs contractual rights in violation of…