In Download King Cole Condominium Ass'n v. QBE Insurance Corp. (S.D. Fla. Opinion Filed January 5, 2010), a Federal Judge held that the collateral source rule does not preclude evidence regarding an Other Insurance Policy, issued by one USPlate Glass Insurance. Defendant QBE Insurance Corporation argued in that case "that the USPlate policy goes directly to the issue of whether Defendant breached its obligations to Plaintiff under the insurance contract." The Federal Court denied the Plaintiff's Motion in Limine to Preclude Evidence of the USPlate Policy:
The Court agrees with Defendant. Defendant shall be permitted to introduce evidence relating to the USPlate Glass Insurance Policy as it relates to its obligations to Plaintiff and whether it breached the contract.
Download King Cole Condominium Ass'n v. QBE Insurance Corp. (S.D. Fla. Opinion Filed January 5, 2010), attached Official Slipsheet Opinion at 4.
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