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Uninsured motorist coverage claim

May 26, 2010

Michael Dec Jr. and Pamela M. Dec v. Encompass Insurance

Lake Superior Court No. 45D05-0606-CT124

Injuries:
Soft tissue; cervical strain and aggravation of pre-existing asymptomatic arthritis

Date: Feb. 8-10, 2010

Judge or Jury Trial: Jury trial

Judge: Hon. William Davis

Disposition: $40,000 compensatory

Plaintiff Attorney: Kenneth M. Wilk, Highland

Defendant Attorney: William K. Deer, Merrillville

Insurance:
Encompass Insurance

Case Information: Plaintiff passenger in stopped SUV was rear-ended at 35 mph by another SUV. Plaintiff treated for about a year, including injections, followed by a hiatus of three years, after which plaintiff resumed treatment.

PPI rating of 8 percent.

Jury was informed that plaintiff’s billed medical (expenses) were $46,583.40 but that only $24,704.47 were actually paid.

Jury was also informed that plaintiff recovered policy limits of $50,000 from primary carrier and was making claim against her own carrier for UIM.

Encompass offered $5,000; declined by plaintiffs.•

– Kenneth M. Wilk

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