The Collateral Source Rule: Explanation and Defense

Michael I. Krauss, George Mason University School of Law
Jeremy L. Kidd, United States District Court, District of Utah

Abstract

Tort reformers have had considerable success in their efforts to eliminate or restrict the Common law’s Collateral Source Rule. Interestingly, this rule has been largely neglected by tort theorists. The authors present a coherent and complete theory of collateral source, and develop twenty-three original thought experiments to operationalize this theory. Although one of the authors has published extensively in favor of tort reform, the collateral source rule is not among the areas needing extensive revision. The Collateral Source Rule is the "canary in the coal mine" its modification or elimination would endanger the integrity of tort law.