law allows for what most states prohibit--the triangular setoff
12) Because "contractual discounts" are considered collateral sources, they are barred from being placed into evidence at trial and are subject to a setoff
W]e hold that when an accident victim is covered by more than one insurance policy providing underinsured-motorist coverage, public policy permits only one setoff
to that coverage for the amount of workers' compensation benefits received by the insured.
For all three main elements of the new provision, subsection 247(1) contains supporting definitions of relevant terms, notably "arm's length transfer," "transfer price," and various calculation concepts relevant principally to the penalty -- namely, "transfer pricing capital adjustment," "transfer pricing capital setoff
adjustment," "transfer pricing income adjustment," and "transfer pricing income setoff
, at least as a matter of state law, are subject to the rule of "use it or lose it.
A party is not entitled to any credits or setoffs
upon the sale of the marital home unless the parties' settlement agreement, final judgment of dissolution of marriage, or final judgment equitably distributing assets or debts specifically provides that certain credits or setoffs
are allowed or given at the time of sale.
We saw in a prior section that when the creditor has an execution lien, advance payment of a contingent debt relieves the garnishee from the obligation to pay the sheriff, since Debtor and Creditor Law section 151 invites triangular setoffs
at the sheriffs expense.
077 sets forth criteria on entitlement to setoffs
and credits upon sale of a marital residence in a FJDM.
jurisdictions for key reinsurance topics, including: credit for reinsurance, setoff
, insolvency clauses, fronting, bulk reinsurance, cut-throughs and arbitration.
Vicarious liability does not avail itself to apportionment and, therefore, a rule requiring that settling parties are required to apportion an offer made to or by vicariously liable defendants, to accommodate some potential future setoff
, has apparently become unworkable.
Pared down to its essentials, the statute provides for 1) reduction based upon comparative fault, followed by 2) application of the limitation on noneconomic damages, including setoffs
for amounts received in settlement for noneconomic damages within the category of defendants, and 3) application of setoffs
for amounts received in settlement for economic damages.
The market's existing extended setoff
rights also militate