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Oral Argument Preview: Week of July 6, 2009
Posted in Litigation

At 10 a.m. on Wednesday, July 8, the Indiana Court of Appeals will hear argument in Nealy v. Shadawn Quinn.  In this case, the Nealys were injured in an automobile accident and recovered $17,000 for their medical expenses from Shadawn Quinn, their insurer.  At trial, a jury awarded the Nealys $100,000 for their injuries, but the trial court reduced that amount by the amount already paid for medical expenses.  On appeal, the Nealys claim that such a setoff is error because their policy did not provide for it and the medical benefits were not an advanced payment of their uninsured motorist benefits.  The insurer argues that the Nealys are improperly seeking a double recovery.

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