During a personal injury trial arising from a golf cart accident, the court was asked to determine whether a severance package received by the plaintiff after his termination should be deducted from any damages awarded for loss of income.
The plaintiff argued the severance fell under the private insurance exception to the rule against double recovery.
The court agreed, finding that the severance package was obtained in exchange for the plaintiff giving up his rights as a long-term employee, and was not merely a continuation of salary.
Therefore, no deduction for the severance allowance would be made from any jury award for past or future loss of income.