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The drafters of the Restatement (Second) of Torts recognized that there are four general categories of collateral benefits that should never be subtracted from the plaintiff's recovery.  This list is not absolute. The drafters also said about collateral sources, 'The law does not differentiate between the nature of the benefits, so long as they did not come from the defendant or a person acting for him.' Restatement (Second) of Torts § 920A, cmt. b Those four categories are:


(1) Insurance policies, whether maintained by the plaintiff or a third party.  Sometimes, as in fire insurance or collision automobile insurance, the insurance company is subrogated to the rights of the third party. This additional reason for keeping the tortfeasor's liability alive is not necessary, however, as the rule applies to insurance not involving subrogation, such as life or health policies. See also, Richard C. Maxwell, The Collateral Source Rule in the American Law of Damages, 46 Minn. L. Rev. 669, 672 (1962) ('Typically, the insurance cases make no distinction in relation to the type of insurance involved nor do they usually rest upon a stated conclusion that double recovery is avoided because the insurer is subrogated to ...

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