Colorado Civil Justice League, the state's leading advocate of "common sense in the courtroom," today applauded the Colorado Supreme Court's decision in Ferrellgas vs. Yeiser.

In an en banc ruling, the Court found that Ellen Yeiser, originally the plaintiff in a breach of contract claim, may not collect twice — from both her insurer and from a defendant — for property damage expenses. She also sought damages for loss of use of her home and loss of rental income from defendant Ferrellgas Inc., which supplied propane to the house in Silverthorne.

Yeiser collected property damage and repair expenses from her insurer, which then reached a reimbursement settlement with Ferrellgas. The defendant then offered Yeiser $197,000 to settle her remaining claims, but that offer was rejected.

Ultimately, a jury awarded Yeiser $314,323, but a key question was whether the property damage expenses that Ferrellgas paid to Yeiser's insurer should be deducted from that amount. The Supreme Court ruled that Yeiser wasn't entitled to a double recovery and that Ferrellgas could deduct $212,071 in expenses that it had previously settled with Yeiser's insurer. 

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